France

Country score (European Average*)

85(66) Political Financing
80(53) Financial Disclosure
37(37) Conflict of Interest
41(59) Freedom of Information
58(62) Public Procurement

Country Facts

Income	High
GNI per capita (2011 PPP $)	38680.14
Population, total	66896109.00
Urban population (% of total)	79.75
Internet users (per 100 people)	85.62
Life expectancy at birth (years)	82.67
Mean years of schooling (years)	11.6
Global Competitiveness Index	5.2

Sources: World Bank, UNDP, WEF.

Political Financing

The Law on Financial Transparency in Political Life (1988, amended in 2011, 2013, 2015 and 2016) and the Electoral Code amended in 2016 are the main laws regulating the financing of political parties in France. The amending provisions between 2011 and 2016 do not make significant changes to the law.

There are comprehensive limits on the private income of political parties. There are bans on donations from foreign entities, corporations, trade unions and anonymous donors. There are also limits for how much political parties and candidates can receive.

There is public funding available for parties based on the share of votes in the previous election which is allocated proportionally. There is also subsidized access to the media and tax relief in the form of exemption from stamp duty. Further, candidates having obtained at least 5% of the votes cast will be repaid the cost of paper, printing of ballots, posters, circulars and display fees.

There are bans on vote buying and there are limits on spending.

Parties are required to keep yearly accounts. Their reports must provide information in relation to election campaigns, must reveal the identity of donors and must be made public. Reports are overseen by the National Commission for Campaign Accounts and Political Funding. There are sanctions for parties breaching the provisions of the law in the form of fines, the loss of public funding, deregistration of the party and imprisonment.

Quantitative Data
Qualitative Data
Laws

Quantitative Data

Primary Metric	2012	2015	2016	2017	2020
Bans and limits on private income	92	92	92	92	92
Public funding	75	75	75	75	75
Regulations on spending	75	75	75	75	75
Reporting, oversight and sanctions	83	100	100	100	100

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness

Qualitative Data

Bans and limits on private income
Bans on donations from foreign interests
Is there a ban on donations from foreign interests to political parties?	Yes. No funding association or any financial agent of a political party can receive, directly or indirectly, contributions or material support to a foreign State or a legal person under foreign law. (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a ban on donations from foreign interests to candidates?	Yes. No candidate may receive, directly or indirectly, for any expense whatsoever, contributions or material support to a foreign State or a legal person under foreign law. ( Article L52.8, Electoral Code (1964,amended 2016))
Bans on corporate donations
Is there a ban on corporate donations to political parties?	Yes. Legal persons with the exception of political parties or groups can not contribute to the financing of political parties or groups or grant donations in any form whatsoever, to their funding associations or their financial agents nor provide the, goods, services or other direct or indirect benefits at prices below those usually practiced. (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a ban on corporate donations to candidates?	Yes. Legal persons, with the exception of political parties or groups, can not participate in financing the election campaign of a candidate, or by extending donations in any form whatsoever, either in providing goods, services or other direct or indirect benefits at prices below those usually practiced. ( Article L52.8, Electoral Code (1964,amended 2016))
Is there a ban on donations from corporations with government contracts to political parties?	Yes. All donations from corporations are banned (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a ban on donations from corporations of partial government ownership to political parties?	Yes. All donations from corporations are banned (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a ban on donations from corporations with government contracts to candidates?	Yes. All donations from corporations to candidates are banned ( Article L52.8, Electoral Code (1964,amended 2016))
Is there a ban on donations from corporations of partial government ownership to candidates?	Yes. All donations from corporations to candidates are banned ( Article L52.8, Electoral Code (1964,amended 2016))
Bans on donations from trade unions
Is there a ban on donations from Trade Unions to political parties?	Yes. All donations from legal entities banned (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a ban on donations from Trade Unions to candidates?	Yes. All donations from legal entities banned ( Article L52.8, Electoral Code (1964,amended 2016))
Bans on anonymous donations
Is there a ban on anonymous donations to political parties?	Yes. No direct ban, but de facto ban through requirement to record or report identity of donor - The donations and the contributions made in quality to adhere to one or more political parties by a physical person duly identified to one or several associations approved in quality of association of funding or to one or more financial agents of one or several political parties may not annually exceed EUR 7 500. (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a ban on anonymous donations to candidates?	Yes. No direct ban, but de facto ban through requirement to record or report identity of donor - The donations and the contributions made in quality to adhere to one or more political parties by a physical person duly identified to one or several associations approved in quality of association of funding or to one or more financial agents of one or several political parties may not annually exceed EUR 7 500. (Articles 11.4 and 11.7, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Other bans on donations
Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)?	Yes. Ban on donations and privileged treatment from all legal entities (implicit ban) (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a ban on any other form of donation?	No. Absent from legal framework.
Donation limits
Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)?	Yes. EUR 7500 per year - The donations and the contributions made in quality to adhere to one or more political parties by a physical person duly identified to one or several associations approved in quality of association of funding or to one or more financial agents of one or several political parties may not annually exceed EUR 7 500. (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a limit on the amount a donor can contribute to a political party in relation to an election?	Yes. The donations made by a physical person duly identified for the financing of the campaign of one or more candidates in the same election may not exceed 4,600 euros. ( Article 52.8, Electoral Code (1964,amended 2016))
Is there a limit on the amount a donor can contribute to a candidate?	Yes. The donations made by a physical person duly identified for the financing of the campaign of one or more candidates in the same election may not exceed 4,600 euros. (Article 52.8, Electoral Code (1964,amended 2016))
Public funding
Eligibility criteria for direct public funding to political parties
Eligibility criteria for direct public funding to political parties: Share of votes in previous election	Yes. The first part of the aid provided for in Article 8 shall be allocated: a) to the parties and political groups which, during the most recent renewal of the National Assembly, submitted candidates having each obtained at least 1% of the votes cast in at least 50 constituencies. b) to political parties and groups that have submitted candidates at the most recent renewal of the National Assembly in only one or more local authorities under Articles 73 or 74 of the Constitution or New Caledonia and whose candidates have each obtained at least 1% of the votes cast in all constituencies in which they presented themselves. The distribution is made in proportion to the number of votes obtained in the first round of these elections by each of the parties and groups in question. The votes obtained by the candidates declared ineligible under article LO 128 of the electoral code are not taken into account . The second fraction of this aid is allocated to the political parties and groups benefiting from the first fraction referred to above in proportion to the number of members of Parliament who declared at the office of their assembly, during the month of November, to be registered or to attach to it. (Article 9, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Eligibility criteria for direct public funding to political parties: Representation in elected body	No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Participation in election	No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of candidates	No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in previous election	No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of votes in next election	No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Registration as a political party	No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in next election	No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of members	No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Other	No. Absent from legal framework.
Allocation calculations for direct public funding to political parties
Allocation calculations for direct public funding to political parties: Proportional to votes received	Yes. The first part of the aid provided for in Article 8 shall be allocated: a) to the parties and political groups which, during the most recent renewal of the National Assembly, submitted candidates having each obtained at least 1% of the votes cast in at least 50 constituencies. b) to political parties and groups that have submitted candidates at the most recent renewal of the National Assembly in only one or more local authorities under Articles 73 or 74 of the Constitution or New Caledonia and whose candidates have each obtained at least 1% of the votes cast in all constituencies in which they presented themselves. The second fraction of this aid is allocated to the political parties and groups benefiting from the first fraction referred to above in proportion to the number of members of Parliament who declared at the office of their assembly, during the month of November, to be registered or to attach to it. (Article 9, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Allocation calculations for direct public funding to political parties: Equal	No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to seats received	Yes. The first part of the aid provided for in Article 8 shall be allocated: a) to the parties and political groups which, during the most recent renewal of the National Assembly, submitted candidates having each obtained at least 1% of the votes cast in at least 50 constituencies. b) to political parties and groups that have submitted candidates at the most recent renewal of the National Assembly in only one or more local authorities under Articles 73 or 74 of the Constitution or New Caledonia and whose candidates have each obtained at least 1% of the votes cast in all constituencies in which they presented themselves. The second fraction of this aid is allocated to the political parties and groups benefiting from the first fraction referred to above in proportion to the number of members of Parliament who declared at the office of their assembly, during the month of November, to be registered or to attach to it. (Article 9, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Allocation calculations for direct public funding to political parties: Flat rate by votes received	No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed	No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded	No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Number of members	No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Other	No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties
Earmarking provisions for direct public funding to political parties: Campaign spending	No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Ongoing party activities	No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Intra-party institution	No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Other	No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties
Allocation criteria for free or subsidized access to media for political parties: Equal	Yes. I. - The parties and groups can use the antennas of the public service broadcasting and television for their campaign for the legislative elections. Each program is broadcast by the national television companies and sound broadcasting . This duration is divided into two equal sets, one being assigned to groups who belong to the majority, the other to those who do not belong to him. (Article L167.1, I& II, Electoral Code (1964,amended 2016))
Allocation criteria for free or subsidized access to media for political parties: Number of candidates	No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of seats	No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election	No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Other	Yes. The time allocated to each group or party is determined by an agreement between the presidents of the groups concerned. In the absence of agreement, the distribution is determined by the speaker of the outgoing National Assembly, taking into account in particular the relative importance of these groups for the discussion. Non-parliamentary parties can get broadcasting time upon request. (Article L167.1, Electoral Code (1964,amended 2016))
Are there provisions for free or subsidized access to media for candidates?	Yes. P 7, "equity of coverage is determined on the basis of past electoral results and the ability of contestants to generate public debate in the pre-‌electoral period.‌ Based on a CSA resolution, coverage of election-‌related issues pertaining to a specific constituency should be equitable for all contestants in this constituency, while election-‌related coverage beyond a particular constituency should apply the same principle to all contestants nationwide.‌" (OSCE/ODIHR Needs Assessment Mission Report, 10-11 May 2012, Republic of France Parliamentary Elections, 10 and 17 June 2012)
Are there provisions for any other form of indirect public funding?
Provisions for any other form of indirect public funding: Premises for campaign meetings	No. Absent from legal framework.
Provisions for any other form of indirect public funding: Space for campaign materials	No. Absent from legal framework.
Provisions for any other form of indirect public funding: Tax relief	Yes. If the commission finds a breach of the obligations provided for in this article, the political party or group loses the right, for the following year, to the benefit of the provisions of articles 8 to 10 of this act and the donations and contributions to his benefit cannot, starting from the following year, open right to the tax reduction provided to 3 of article 200 of the general tax code. Article L41 As well as it is said in article 1131 of the general tax code the acts, decisions and records relating to procedures in the field of elections are to be exempt from the stamp duty, registration and the law of costs of justice enacted by section 698 of the said code. (Article 11.7, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); Article L41, Electoral Code (1964,amended 2016) )
Provisions for any other form of indirect public funding: Free or subsidised transport	No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised postage cost	No. Absent from legal framework.
Provisions for any other form of indirect public funding: Other	Yes. The State shall bear the expenses arising from the operations carried out by the commissions set up by Article L. 166 and those resulting from their operation. In addition, candidates who have obtained at least 5% of the votes cast the cost of paper the printing of ballot papers, posters, flyers as well as posting fees. The election expenses of candidates for election to which article L. 52-4 Is applicable are the subject of a lump-sum refund of the share of the State equal to 47.5 per cent of their expenditure ceiling. The reimbursement may not exceed the amount of expenses paid on the personal contribution of candidates and traced in their campaign account. (Article L167 & L52-11-1 Electoral Code (1964,amended 2016))
Is the provision of direct public funding to political parties related to gender equality among candidates?	Yes. If the gender difference among candidates is larger than 2%, the public funding is reduced by 3/4 of this difference. (Article 9.1, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Are there provisions for other financial advantages to encourage gender equality in political parties?	No. Absent from legal framework.
Regulations on spending
Is there a ban on vote buying?	Yes. Those who intend to influence the vote of an electoral college or a fraction of this college, has made donations or gifts, promises of gifts or administrative favors, either a common or at any community citizens, shall be punished by imprisonment of two years and a fine of 15,000 euros ( Articles L106 and L108, Electoral Code (1964,amended 2016))
Are there bans on state resources being used in favour or against a political party or candidate?	No. Absent from legal framework.
Are there limits on the amount a political party can spend?	Yes. The spending limit for election of deputies is 38 000 per applicant. It is increased by 0.15 per inhabitant of the constituency. The ceilings set for the election of regional councilors shall apply to the election of councilors in the assemblies of Corsica, Guyane and Martinique. ( Articles L52-11, Electoral Code (1964,amended 2016))
Are there limits on the amount a candidate can spend?	Yes. The spending limit for election of deputies is 38 000 per applicant. It is increased by 0.15 per inhabitant of the constituency. The ceilings set for the election of regional councilors shall apply to the election of councilors in the assemblies of Corsica, Guyane and Martinique. ( Articles L52-11, Electoral Code (1964,amended 2016))
Reporting, oversight and sanctions
Reporting standards
Do political parties have to report regularly on their finances?	Yes. Parties or groups benefiting from all or part of the provisions of Articles 8 to 11-4 are obliged to keep yearly accounts. (Article 11.7, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); )
Do political parties have to report on their finances in relation to election campaigns?	Yes. No later than 18 p.m. before the tenth Friday following the first ballot, each candidate or candidate list has to submit to the National Commission for Campaign Accounts campaign financing accounts and its annexes with the supporting of its revenues as well as invoices, specifications and other documents likely to establish the amount of expenses paid or incurred by the candidate or on his behalf. ( Article L52-12, Electoral Code (1964,amended 2016))
Do candidates have to report on their campaign finances?	Yes. No later than 18 p.m. before the tenth Friday following the first ballot, each candidate or candidate list has to submit to the National Commission for Campaign Accounts campaign financing accounts and its annexes with the supporting of its revenues as well as invoices, specifications and other documents likely to establish the amount of expenses paid or incurred by the candidate or on his behalf. ( Article L52-12, Electoral Code (1964,amended 2016))
Is information in reports from political parties and/or candidates to be made public?	Yes. Summaries of the reports are published in the Official Journal of the French Republic (Article 11.7, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); )
Must reports from political parties and/or candidates reveal the identity of donors?	Yes. Each candidate or list of candidates submitted to the head cap provided for in Article L. 52-11 and has obtained at least 1% of votes cast is required to establish a campaign account tracing, by origin, all the income received and according to their nature, all outlays and expenses in for election. ( Article L52-12, Electoral Code (1964,amended 2016))
Institutions receiving financial reports from political parties and/or candidates
Institutions receiving financial reports from political parties and/or candidates: Electoral Management Board	No. Absent from legal framework.
Institutions receiving financial reports from political parties and/or candidates: Auditing agency	No. Absent from legal framework.
Institutions receiving financial reports from political parties and/or candidates: Ministry	No. Absent from legal framework.
Institutions receiving financial reports from political parties and/or candidates: Special institution	Yes. National Commission for Campaign Accounts and Political Funding (Article 11.7, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); Article L52-14, Electoral Code (1964,amended 2016);)
Institutions receiving financial reports from political parties and/or candidates: Court	No. Absent from legal framework.
Institutions receiving financial reports from political parties and/or candidates: Other	No. Absent from legal framework.
Political finance oversight
Is it specified that a particular institution(s) is responsible for examining financial reports and/or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court	No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Ministry	No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Auditing agency	No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body	No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose	Yes. The Commission Nationale des Comptes De Campagne et Des Financements Politiques (CNCCFP) (translated to National Commission for Campaign Accounts and Political Funding) refers cases of possible irregularities to the public prosecutor, police or tax authorities for further investigation. (Article L52-14, Electoral Code (1964,amended 2016);)
Institution responsible for examining financial reports and/or investigating violations: Other	Yes. National Commission for Campaign Accounts and Political Funding The commission may request of the judicial police officers to conduct any investigation it deems necessary for the exercise of his mission. (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); Article L52-14, Electoral Code (1964,amended 2016);)
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court	No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Ministry	No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Auditing agency	No. Absent from legal framework.
Institutions with a formal role in political finance oversight: EMB	No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Institution for this purpose	Yes. National Commission for Campaign Accounts and Political Funding The commission may request of the judicial police officers to conduct any investigation it deems necessary for the exercise of his mission. (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); Article L52-14, Electoral Code (1964,amended 2016);)
Institutions with a formal role in political finance oversight: Other	No. Absent from legal framework.
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines	Yes. Every one who commits one of the offences under article L113.1, is liable to a fine equivalent to 3750 euros and/or to imprisonment for a term of one year. Every one who commits one ot the offences under articles L106, L107, L108 or L113, is liable to a fine equivalent to 15000 euros and/or to imprisonment for a term of two years (double for public officials). (Articles L106, L107, L108, L109, L110, L111, L113, L113.1, Electoral Code (1964,amended 2016))
Sanctions for political finance infractions: Loss of public funding	Yes. If the commission finds breaches, the political party or group loses the right to funding in the following year (Article 11.7, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); )
Sanctions for political finance infractions: Penal/Criminal	Yes. Every one who commits one of the offences under article L113.1, is liable to a fine equivalent to 3750 euros and/or to imprisonment for a term of one year. Every one who commits one ot the offences under articles L106, L107, L108 or L113, is liable to a fine equivalent to 15000 euros and/or to imprisonment for a term of two years (double for public officials). (Articles L106, L107, L108, L109, L110, L111, L113, L113.1, Electoral Code (1964,amended 2016))
Sanctions for political finance infractions: Forfeiture	No. Absent from legal framework.
Sanctions for political finance infractions: Deregistration of party	Yes. The approval is withdrawn to all associations having not complied with the prescriptions (Article 11.6, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); )
Sanctions for political finance infractions: Loss of elected office	Yes. Article L117: Every one who is liable for one of the infractions set out in art. L86 to L.88, L.91 to L.104, L.106 to L.109, L.111 and L.116, is subject to the loss of political rights and the loss of elegibility to serve in public office. According to art. 131-26 of the Criminal Code and to art. LO136 of the Electoral Code, the loss of political rights or the loss of eligibility involves the incapacity to hold a public office and the termination of the mandate. (Articles L117 and LO136, Electoral Code amended 2016 Article 131-26, Criminal Code amended 2016)
Sanctions for political finance infractions: Suspension of political party	No. Absent from legal framework.
Sanctions for political finance infractions: Loss of nomination of candidate	No. Absent from legal framework.
Sanctions for political finance infractions: Loss of political rights	Yes. Article L117: Every one who is liable for one of the infractions set out in art. L86 to L.88, L.91 to L.104, L.106 to L.109, L.111 and L.116, is subject to the loss of political rights and the loss of elegibility to serve in public office. According to art. 131-26 of the Criminal Code and to art. LO136 of the Electoral Code, the loss of political rights or the loss of eligibility involves the incapacity to hold a public office and the termination of the mandate. (Articles L117 and LO136, Electoral Code amended 2016 Article 131-26, Criminal Code amended 2016)
Sanctions for political finance infractions: Other	No. Absent from legal framework.

Legislation

Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988, consolidated version as of 31 December 2016) (French)	pdf
Electoral Code, 1964, amended 2016 (French)	pdf
Criminal Code, amended 2016 (French)	pdf

*Last update: 2017

Financial Disclosure

The French Electoral Code (1964, last amended in 2016) foresees that the Head of State and Members of Parliament declare real estate, movable assets, cash, debts, and gifts. Additionally, positions rather than income from outside employment, and shares in public or private companies must be declared. Spouses or partners are included in the disclosure requirements, and the professional activities performed by the partner must also be disclosed. The Law no. 2013-907 of 11 October 2013 on the transparency of public life (2013, amended in 2016) lays down the exact same disclosure requirements for Ministers and certain categories of Civil Servants. All public officials submit a declaration upon taking and leaving office, and declare any changes ad hoc.

Sanctions for late filling, non-filling and making false disclosure are specified for the Head of State and MPs. These range from fines between EUR 15,000 and EUR 45,000, over imprisonment, up to removal from office. Ministers and certain categories of Civil Servants only face sanctions for non-filling or false disclosure, in which cases the same sanctions apply. The High Authority serves as depository body for all public officials, and is tasked with verifying submissions and their accuracy, as well as enforcing financial disclosure regulations. All financial statements are made publicly available on the webpage of the High Authority.

Quantitative Data
Qualitative Data
Laws

Quantitative Data

Primary Metric	2012	2015	2016	2017	2020	Trend
Disclosure items	33	89	89	85	86
Filing frequency	69	75	75	75	75
Sanctions	33	83	83	83	83
Monitoring and Oversight	94	100	100	100	100
Public access to declarations	19	69	69	56	56
Alternative Metric	2012	2015	2016	2017	2020	Trend
Head of State	60	83	83	82	82
Ministers	42	81	81	80	80
Members of Parliament	55	88	88	82	83
Civil servants	42	81	81	75	75

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness

Qualitative Data

Head of State
Disclosure items
Spouses and children included in disclosure	Yes. President has to submit a comprehensive statement, accurate and sincere his patrimonial situation for all of its own assets and, where applicable, those of the undivided community(this refers to hi family) or property. Children are not included. (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Income and Assets
Real estate	Yes. The declaration of property status covers the following: The developed and undeveloped properties; The movable and immovable property held abroad; Other property; (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Movable assets	Yes. The declaration of property status covers the following: Various personal property of a value greater than an amount set by regulation; Land motor vehicles, boats and planes;The movable and immovable property held abroad; Other property (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Cash	Yes. The declaration of property status covers the following: Securities; Life insurance; The current accounts or savings passbooks and other savings products; Various personal property of a value greater than an amount set by regulation; Accounts held abroad; Other property (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Loans and Debts	Yes. The declaration of property status covers the following: Liabilities (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Income from outside employment/assets	Yes. The declaration of property status covers the following: -Securities; - Movable and immovable property and accounts held abroad; - Other property; - Direct stakes in the capital of a corporation, company or partnership on the date ofnappointment (declaration of interests). The High Authority shall rule on the compatibility of carrying on an independent profession or a remunerated activity within an organisation or undertaking that operates in a competitive sector. (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Incompatibilities
Gifts received as a public official	No. Absent from legal framework.
Private firm ownership and/or stock holdings	Yes. The declaration of property status covers the following: -Securities; - Movable and immovable property and accounts held abroad; - Other property; - Direct stakes in the capital of a corporation, company or partnership on the date ofnappointment (declaration of interests). The High Authority shall rule on the compatibility of carrying on an independent profession or a remunerated activity within an organisation or undertaking that operates in a competitive sector. (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) Article 23 Act No. 2013-907 of 11 October 2013 on transparency in public life (amended 2020))
Ownership of state-owned enterprises (SOEs)	Yes. The declaration of property status covers the following: Other property; Direct stakes in the capital of a corporation, company or partnership on the date of appointment (declaration of interests). The High Authority shall rule on the compatibility of carrying on an independent profession or a remunerated activity within an organisation or undertaking that operates in a competitive sector. (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) Article 23 Act No. 2013-907 of 11 October 2013 on transparency in public life (amended 2020))
Holding government contracts	No. Absent from legal framework.
Board member, advisor, or company officer of private firm	Yes. The following must be reported in the declaration of interests: 1) Professional activities that give rise to remuneration or gratuities that are performed on the date of appointment; 2) Professional activities that have given rise to remuneration or gratuities that were performed during the last five years; 3) Activities in the capacity of consultant that are performed on the date of appointment and that were performed during the last five years 4) Involvement in the managing bodies of a public or private organisation or of a corporation, company or partnership on the date of appointment or during the last five years 5) Direct stakes in the capital of a corporation, company or partnership on the date of appointment (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Post-employment	No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position	Yes. Elective duties and offices performed and held on the date of appointment must be reported (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Participating in official decision-making processes that affect private interests	No. Absent from legal framework.
Concurrent employment of family members in public sector	Yes. Professional activities that are performed on the date of appointment by the spouse, partner by civil union or common law spouse (this refers all kinds of employment, including that in public sector) (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Filing frequency
Filing required upon taking office	Yes. Declarations of interests and activities and declarations of patrimonial status submitted by the candidates, under the conditions set out in the ninth paragraph of this I, shall be transmitted to the High Authority for the Transparency of Public Life, which shall make them public at least 15 days before the first ballot (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Filing required upon leaving office	Yes. An official has to submit a declaration of assets to the High Autority seven month before the end of the mandate, or six month at the latest, in case of termination of the mandate other than death. (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Filing required annually	No. Annual filing not required, but the president has to submit the statement upon taking and leaving the office, as well as within two months after the changes in the property occur.
Ad hoc filing required upon change in assets or conflicts of interest	Yes. An official has to submit a new statement to the High Autority within two months of the occurance of the significant change in assets (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Sanctions
Sanctions stipulated for late filing (fines, administrative, and/or criminal)	Yes. Candidates for the Presidency submit the declarations prior to the elections (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) )
Sanctions stipulated for non-filing (fines, administrative, and/or criminal)	Yes. Candidates for the Presidency submit the declarations prior to the elections (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) )
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal)	Yes. Failing to declare a substantial part of its assets or interests, or providing false valuation of assets is punishable by a sentence of three years in prison and a € 45,000 fine. In addition, the ban on civil rights may be imposed, as provided in Articles 131-26 and 131-26-1 of the Criminal Code, and disqualification from public office as provided in Article 131-27 of the Criminal Code. (Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2020) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Monitoring and Oversight
Depository body explicitly identified	Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) Article 20 I.1 Acticle No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Enforcement body explicitly identified	Yes. Where it is established that the person referred to in Articles 4 and 11 do not comply with its obligations under Articles 1, 2, 4, 11 and 23, the High Authority for the transparency of public life may take up office or it may be seized by the Prime Minister, the Speaker of the National Assembly or the President of the Senate. In case of non-compliance there are punishments listed in the Criminal Law, where clearly enforcement body is prosecution. In case of the President, Constitutional Council has the the final word as it regulates elections and ensures that they are fair and valid. (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) Article 20 II Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Some agency assigned responsibility for verifying submission	Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) Article 20, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Some agency assigned responsibility for verifying accuracy	Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. The property status report filed by the member under the same article LO 135-1 is transmitted by the High Authority for the transparency of public life to the tax authorities. It provides the High Authority, within thirty days of such transmission, all elements enabling it to assess the completeness, accuracy and truthfulness of the statement of net assets, including tax assessments of concerned with the income tax and, if applicable, the solidarity tax on wealth. (Article 3 Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) Article 5.I and 20 I.1 Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020) )
Public access to declarations
Public availability	Yes. The declarations submitted by the [presidential] candidates are sent to the High Authority for the transparency of public life, making them public at least fifteen days before the first ballot, within the limits defined in Article III LO 135-2 of the Electoral Code. (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) Article L.O. 135-2 Electoral Code (adopted 1964, amended 2020) )
Timing of information release specified	Yes. The declarations submitted by the [presidential] candidates are sent to the High Authority for the transparency of public life, making them public at least fifteen days before the first ballot, within the limits defined in Article III LO 135-2 of the Electoral Code. (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2019) Article L.O. 135-2 Electoral Code (adopted 1964, amended 2020) )
Location(s) of access specified	No. Absent from legal framework.
Cost of access specified	No. Absent from legal framework.
Ministers
Disclosure items
Spouses and children included in disclosure	Yes. Each member of the Government within two months of its appointment has to submit a comprehensive statement, accurate and sincere his patrimonial situation for all of its own assets and, where applicable, those of the undivided community (refers to his family) or property. In case the minister has submitted a declaration of assets pursuant to Article L.O. 135-1 Electoral Code, he or she is waived of the obligation. Children are not included. (Constitutional Council decision) (Article 4.I, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Income and Assets
Real estate	Yes. The declaration of property status covers the following: -The developed and undeveloped properties; Various personal property of a value greater than an amount set by regulation; Immovable property held abroad; Other property; (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Movable assets	Yes. The declaration of property status covers the following: Various personal property of a value greater than an amount set by regulation; Land motor vehicles, boats and planes; Movable property held abroad; Other property (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Cash	Yes. The declaration of property status covers the following: The current accounts or savings passbooks and other savings products; Various personal property of a value greater than an amount set by regulation; Accounts held abroad; Other property (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Loans and Debts	Yes. The declaration of property status covers the following: Liabilities (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Income from outside employment/assets	Yes. The declaration of property status covers the following: securities; Life insurance; professional activities giving rise to compensation; The High Authority shall rule on the compatibility of carrying on an independent profession or a remunerated activity within an organisation or undertaking that operates in a competitive sector. (Article 4.II and 23.I, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Incompatibilities
Gifts received as a public official	No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings	Yes. The declaration of interest covers direct financial interests in the capital of a company. (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Ownership of state-owned enterprises (SOEs)	Yes. The declaration of interest covers direct financial interests in the capital of a company. (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Holding government contracts	No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm	Yes. The following must be reported in the declaration of interests: 1) Professional activities that give rise to remuneration or gratuities that are performed on the date of appointment, 2) Professional activities that have given rise to remuneration or gratuities that were performed during the last five years, 3) Activities in the capacity of consultant that are performed on the date of appointment and that were performed during the last five years, 4) Involvement in the managing bodies of a public or private organisation or of a corporation, company or partnership on the date of appointment or during the last five years, 5) Direct stakes in the capital of a corporation, company or partnership on the date of appointment (Article 4.III Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Post-employment	No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position	No. Absent from legal framework.
Participating in official decision-making processes that affect private interests	Yes. Elective duties and offices performed and held on the date of appointment must be reported (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Concurrent employment of family members in public sector	Yes. Professional activities that are performed on the date of appointment by the spouse, partner by civil union or common law spouse (this refers all kinds of employment, including that in public sector) (Article 4.III (6) Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Filing frequency
Filing required upon taking office	Yes. Within two months of being appointed, each of the members of the Government shall personally send the President of the High Authority for Transparency in Public Life an accurate and sincere declaration of his/her assets covering the entirety of his/her private property, as well as, where applicable, community property and joint property. (Article 4.I Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Filing required upon leaving office	Yes. An official has to submit a declaration of assets within two months of leaving the office for any reason other than death. (Article 4.I, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Filing required annually	No. Absent from legal framework. (General)
Ad hoc filing required upon change in assets or conflicts of interest	Yes. During the performance of his/her duties, a member of the Government whose assets or interests undergo a material change in practice shall file a declaration with the High Authority within one month (Article 4.I, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Sanctions
Sanctions stipulated for late filing (fines, administrative, and/or criminal)	No. No sanctions stipulated for late filing in the law 2013-907 which regulates requirements for the members of government and civil servants.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal)	Yes. If a person does not file one of the declarations, fails to declare a substantive part of his/her assets or his/her interests or provides an untruthful evaluation of his/her assets, s/he shall receive a three-year prison sentence and a €45,000 fine. Additional penalties may be handed down in the form of loss of civic rights, in accordance with Articles 131-26 and 131-26-1 of the Criminal Code, as well as the prohibition of holding public office, in accordance with Article 131-27 of the same Code. (Article 26.I, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020) Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2020))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal)	Yes. If a person does not file one of the declarations, fails to declare a substantive part of his/her assets or his/her interests or provides an untruthful evaluation of his/her assets, s/he shall receive a three-year prison sentence and a €45,000 fine. Additional penalties may be handed down in the form of loss of civic rights, in accordance with Articles 131-26 and 131-26-1 of the Criminal Code, as well as the prohibition of holding public office, in accordance with Article 131-27 of the same Code. (Article 26.I, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020) Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2020))
Monitoring and Oversight
Depository body explicitly identified	Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 20.I (1) Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 1992, amended 2020))
Enforcement body explicitly identified	Yes. Where it is established that the person referred to in Articles 4 and 11 do not comply with its obligations under Articles 1, 2, 4, 11 and 23, the High Authority for the transparency of public life may take up office or it may be seized by the Prime Minister, the Speaker of the National Assembly or the President of the Senate. In case of non-compliance there are punishments listed in the Criminal Law, where clearly enforcement body is the prorsecution (Article 20.II Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Some agency assigned responsibility for verifying submission	Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 20.I (1), Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013 amended 2020))
Some agency assigned responsibility for verifying accuracy	Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 20I (1), Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Public access to declarations
Public availability	Yes. Within three months of receipt of the information, the High Authority shall make public the asset declaration and the declaration of interests. However, unless the filing party has made his/her asset declaration public himself/herself, publishing or disclosing, in any way whatsoever, all or part of asset declarations or comments in connection therewith is punishable by a €45,000 fine (Article 5 and 12, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Timing of information release specified	Yes. Within three months of receipt of the information, the High Authority shall make public the asset declaration and the declaration of interests. (Article 5, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Cost of access specified	No. Absent from legal framework. (General)
Members of Parliament
Disclosure items
Spouses and children included in disclosure	Yes. MP has to submit a comprehensive statement, accurate and sincere his patrimonial situation for all of its own assets and, where applicable, those of the undivided community(this refers to his family) or property. Children are not included. (Article L.O. 135-1.I Electoral Code (adopted 1964, amended 2020) )
Income and Assets
Real estate	Yes. The declaration of property status covers the following: The developed and undeveloped properties; Various personal property of a value greater than an amount set by regulation; Immovable property held abroad; Other property; (Article L.O. 135-1.II Electoral Code (adopted 1964, amended 2020) )
Movable assets	Yes. The declaration of property status covers the following: Various personal property of a value greater than an amount set by regulation; Land motor vehicles, boats and planes; Movable property held abroad; Other property (Article L.O. 135-1.II Electoral Code (adopted 1964, amended 2020) )
Cash	Yes. The declaration of property status covers the following: The current accounts or savings passbooks and other savings products; Various personal property of a value greater than an amount set by regulation; Accounts held abroad; Other property (Article L.O. 135-1.II Electoral Code (adopted 1964, amended 2020) )
Loans and Debts	Yes. The declaration of property status covers the following: Liabilities (Article L.O. 135-1.II Electoral Code (adopted 1964, amended 2020) )
Income from outside employment/assets	Yes. The declaration of property status covers the following: Business or clientele and charges and offices; Professional activities that give rise to remuneration or gratuities that are performed on the date of appointment; Professional activities that have given rise to remuneration or gratuities that were performed during the last five years, (Article L.O. 135-1.II Electoral Code (adopted 1964, amended 2020) )
Incompatibilities
Gifts received as a public official	Yes. Memebers of the National Assembly shall declare Invitations to sports and cultural events exceeding a value of 150 euros. Members of the Senate shall declare, on acceptance,travel invitations financed by external bodies and, within thirty days of their receipt, gifts, donations and other benefits in kind whose value exceeds 150 euros. (Rule 80-1-2 of National Assembly's rules of procedure 2019 Rule 91 quinquies of the Senate’s rules of procedure 2020)
Private firm ownership and/or stock holdings	Yes. The declaration of interests covers the following: direct financial interests in the capital of a corporation, company or partnership on the date of election, as well as the direct and indirect interests that confer control of a company, business or organisation whose business mainly consists in providing consulting services. (Article L.O. 135-1.III Electoral Code (adopted 1964, amended 2020) )
Ownership of state-owned enterprises (SOEs)	Yes. The declaration of interests covers the following: direct financial interests in the capital of a corporation, company or partnership on the date of election, as well as the direct and indirect interests that confer control of a company, business or organisation whose business mainly consists in providing consulting services. (Article L.O. 135-1.III Electoral Code (adopted 1964, amended 2020) )
Holding government contracts	No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm	Yes. The following must be reported in the declaration of interests: 1) Professional activities that give rise to remuneration or gratuities that are performed on the date of appointment, 2) Professional activities that have given rise to remuneration or gratuities that were performed during the last five years, 3) Activities in the capacity of consultant that are performed on the date of appointment and that were performed during the last five years, 4) Involvement in the managing bodies of a public or private organisation or of a corporation, company or partnership on the date of appointment or during the last five years, 5) Direct stakes in the capital of a corporation, company or partnership on the date of appointment (Article L.O. 135-1.III Electoral Code (adopted 1964, amended 2020) )
Post-employment	No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position	Yes. Elective duties and offices performed and held on the date of appointment must be reported (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Participating in official decision-making processes that affect private interests	No. Absent from legal framework.
Concurrent employment of family members in public sector	Yes. Professional activities that are performed on the date of appointment by the spouse, partner by civil union or common law spouse (this refers all kinds of employment, including that in public sector) (Article L.O. 135-1.III Electoral Code (adopted 1964, amended 2020) )
Filing frequency
Filing required upon taking office	Yes. In the two months after taking office, an official has to submit to the President of the High Authority for the transparency of public life an exhaustive statement accurate, sincere and certified in the honor of his assets on all of its own assets and, where applicable, those of the undivided community or property. (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Filing required upon leaving office	Yes. An official has to submit a declaration of assets to the High Autority six months before the end of the mandate, or two months after, in case of dissolution of the National Assembly or termination of the mandate for a reason other than death. (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Filing required annually	No. Absent from legal framework. (General)
Ad hoc filing required upon change in assets or conflicts of interest	Yes. An official has to submit a new statement to the High Autority within two months of the occurance of the significant change in assets (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Sanctions
Sanctions stipulated for late filing (fines, administrative, and/or criminal)	Yes. If an official does not refer to the orders of the High Authority for the transparency of public life or does not provide the information and relevant documents to the exercise of its mission within a month from the notification of the injunction or communication application is punishable by one year imprisonment and a € 15,000 fine. (Article L.O. 135-4, Electoral Code (adopted 1964, amended 2020) )
Sanctions stipulated for non-filing (fines, administrative, and/or criminal)	Yes. Failing to declare a substantial part of its assets or interests, or providing false valuation of assets is punishable by a sentence of three years in prison and a € 45,000 fine. In addition, the ban on civil rights may be imposed, as provided in Articles 131-26 and 131-26-1 of the Criminal Code, and disqualification from public office as provided in Article 131-27 of the Criminal Code. (Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2020) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal)	Yes. Failing to declare a substantial part of its assets or interests, or providing false valuation of assets is punishable by a sentence of three years in prison and a € 45,000 fine. In addition, the ban on civil rights may be imposed, as provided in Articles 131-26 and 131-26-1 of the Criminal Code, and disqualification from public office as provided in Article 131-27 of the Criminal Code. (Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2020) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020))
Monitoring and Oversight
Depository body explicitly identified	Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 20, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Enforcement body explicitly identified	Yes. Where it is established that the person referred to in Articles 4 and 11 do not comply with its obligations under Articles 1, 2, 4, 11 and 23, the High Authority for the transparency of public life may take up office or it may be seized by the Prime Minister, the Speaker of the National Assembly or the President of the Senate. In case of non-compliance there are punishments listed in the Criminal Law, where clearly enforcement body is police. (Article 20, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Some agency assigned responsibility for verifying submission	Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 20, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Some agency assigned responsibility for verifying accuracy	Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. The property status report filed by the member under the same article LO 135-1 is transmitted by the High Authority for the transparency of public life to the tax authorities. It provides the High Authority, within thirty days of such transmission, with all the elements enabling it to assess the completeness, accuracy and truthfulness of the statement of net assets, including tax assessments of concerned with the income tax and, if applicable, the solidarity tax on wealth. (Article 20, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020) Article L.O. 135-2, Electoral Code (adopted 1964, amended 2020))
Public access to declarations
Public availability	Yes. The asset declaration and the declaration of interests shall be made public (Article L.O. 135-2, Electoral Code (adopted 1964, amended 2020))
Timing of information release specified	Yes. Within three months of receipt of the information, the High Authority shall make public the asset declaration and the declaration of interests. (Article 5, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Cost of access specified	No. Absent from legal framework. (General)
Civil servants
Disclosure items
Spouses and children included in disclosure	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. Each member of the Government within two months of its appointment has to submit a comprehensive statement, accurate and sincere his patrimonial situation for all of its own assets and, where applicable, those of the undivided community (refers to his family) or property. In case the minister has submitted a declaration of assets pursuant to Article L.O. 135-1 Electoral Code, he or she is waived of the obligation. (Article 4.I and 11, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Income and Assets
Real estate	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The declaration of property status covers the following: -The developed and undeveloped properties; Various personal property of a value greater than an amount set by regulation; Immovable property held abroad; Other property; (Article 4.II and 11, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Movable assets	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The declaration of property status covers the following: Various personal property of a value greater than an amount set by regulation; Land motor vehicles, boats and planes; Movable property held abroad; Other property (Article 4.II and 11, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Cash	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The declaration of property status covers the following: The current accounts or savings passbooks and other savings products; Various personal property of a value greater than an amount set by regulation; Accounts held abroad; Other property (Article 4.II and 11, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Loans and Debts	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The declaration of property status covers the following: Liabilities (Article 4.II and 11, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Income from outside employment/assets	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The declaration of property status covers the following: securities; Life insurance; professional activities giving rise to compensation; The High Authority shall rule on the compatibility of carrying on an independent profession or a remunerated activity within an organisation or undertaking that operates in a competitive sector. (Article 4.II, 11 and 23.I, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Incompatibilities
Gifts received as a public official	No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings	Yes. The declaration of interest covers direct financial interests in the capital of a company. (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Ownership of state-owned enterprises (SOEs)	Yes. The declaration of interest covers direct financial interests in the capital of a company. (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Holding government contracts	No. Absent from legal framework.
Board member, advisor, or company officer of private firm	Yes. The following must be reported in the declaration of interests: 1) Professional activities that give rise to remuneration or gratuities that are performed on the date of appointment, 2) Professional activities that have given rise to remuneration or gratuities that were performed during the last five years, 3) Activities in the capacity of consultant that are performed on the date of appointment and that were performed during the last five years, 4) Involvement in the managing bodies of a public or private organisation or of a corporation, company or partnership on the date of appointment or during the last five years, 5) Direct stakes in the capital of a corporation, company or partnership on the date of appointment (Article 4.III and 11, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Post-employment	No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position	Yes. Elective duties and offices performed and held on the date of appointment must be reported (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Participating in official decision-making processes that affect private interests	No. Absent from legal framework.
Concurrent employment of family members in public sector	Yes. Professional activities that are performed on the date of appointment by the spouse, partner by civil union or common law spouse (this refers all kinds of employment, including that in public sector) (Article 4.III (6) and 11 Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Filing frequency
Filing required upon taking office	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. Within two months of being appointed, each of the members of the Government shall personally send the President of the High Authority for Transparency in Public Life an accurate and sincere declaration of his/her assets covering the entirety of his/her private property, as well as, where applicable, community property and joint property. (Article 4.I and 11, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Filing required upon leaving office	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. An official has to submit a declaration of assets within two months of leaving the office for any reason other than death. (Article 4.I and 11, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Filing required annually	No. Absent from legal framework. (General)
Ad hoc filing required upon change in assets or conflicts of interest	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life.During the performance of his/her duties, a member of the Government whose assets or interests undergo a material change in practice shall file a declaration with the High Authority within one month (Article 4.I and 11, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Sanctions
Sanctions stipulated for late filing (fines, administrative, and/or criminal)	No. No sanctions stipulated for late filing in the law 2013-907 which regulates requirements for the members of government and civil servants.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal)	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. If a person does not file one of the declarations, fails to declare a substantive part of his/her assets or his/her interests or provides an untruthful evaluation of his/her assets, s/he shall receive a three-year prison sentence and a €45,000 fine. Additional penalties may be handed down in the form of loss of civic rights, in accordance with Articles 131-26 and 131-26-1 of the Criminal Code, as well as the prohibition of holding public office, in accordance with Article 131-27 of the same Code. (Article 11, 26.I, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020) Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2016))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal)	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. If a person does not file one of the declarations, fails to declare a substantive part of his/her assets or his/her interests or provides an untruthful evaluation of his/her assets, s/he shall receive a three-year prison sentence and a €45,000 fine. Additional penalties may be handed down in the form of loss of civic rights, in accordance with Articles 131-26 and 131-26-1 of the Criminal Code, as well as the prohibition of holding public office, in accordance with Article 131-27 of the same Code. (Article 11, 26.I, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020) Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2020))
Monitoring and Oversight
Depository body explicitly identified	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 11, 20.I (1) Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 1992, amended 2020))
Enforcement body explicitly identified	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. Where it is established that the person referred to in Articles 4 and 11 do not comply with its obligations under Articles 1, 2, 4, 11 and 23, the High Authority for the transparency of public life may take up office or it may be seized by the Prime Minister, the Speaker of the National Assembly or the President of the Senate. In case of non-compliance there are punishments listed in the Criminal Law, where clearly enforcement body is the prorsecution (Article 11, 20.II Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Some agency assigned responsibility for verifying submission	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 11, 20.I (1), Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013 amended 2020))
Some agency assigned responsibility for verifying accuracy	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 11, 20.I (1), Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Public access to declarations
Public availability	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. Within three months of receipt of the information, the High Authority shall make public the asset declaration and the declaration of interests. However, unless the filing party has made his/her asset declaration public himself/herself, publishing or disclosing, in any way whatsoever, all or part of asset declarations or comments in connection therewith is punishable by a €45,000 fine (Article 5 and 12, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Timing of information release specified	Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. Within three months of receipt of the information, the High Authority shall make public the asset declaration and the declaration of interests. (Article 5, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
Location(s) of access specified	No. Absent from legal framework.
Cost of access specified	No. Absent from legal framework. (General)

Legislation

Penal Code_FRA (French)	pdf
Electoral Code_FRA (French)	pdf
Law No. 62-1292 of 1962_FRA (French)	pdf
Law on Transparency in Public Life of 2013_FRA (French)	pdf

*Last update: 2017

Conflict of Interest

The Act on transparency in public life (2013, last amended 2016) declares it to be a duty of all public officials to end any possible conflicts of interests. It further prevents Head of State, Ministers, Members of Parliament, and Civil Servants from holding government contracts. In addition, Members of Parliament and Civil Servants may not hold managerial or advisory functions in private enterprises. This is specified in the Electoral Code (1964, last amended 2015) and the Law No. 83-634 on the rights and obligations of officials (1983, last amended 2016) respectively. Post-employment regulations are only made for Civil Servants, who must notify the administration if they take up employment with an employer that would have constituted a conflict of interest within three years after ending their tenure. No specific law prevents public officials from participating in issues which may affect private interests.

If the Head of State, Ministers, and Civil Servants violate laws on conflicts of interests, they face sanctions consisting of a three years imprisonment and a fine of € 200,000. While MPs face these same sanctions, they may also be removed from office if a conflict of interests is not alleviated within 30 days after notice from the Constitutional Court. Moreover, if they exploit their mandate on behalf of a company they have to pay a fine of € 3.750, and if repeated of € 7.500. While the French Supreme Administrative Court functions as monitoring body for the Head of State and Ministers, the bureau of each assembly pursues this function for MPs, and the immediate superior for Civil Servants. The High Authority for Transparency in Public Life serves as enforcement body for all public officials.

Quantitative Data
Qualitative Data
Laws

Quantitative Data

Primary Metric	2012	2015	2016	2017	2020	Trend
Restrictions	28	42	42	42	28
Sanctions	58	75	75	75	58
Monitoring and Oversight	25	100	100	100	25
Alternative Metric	2012	2015	2016	2017	2020	Trend
Head of State	0	62	62	62	0
Ministers	32	62	62	62	32
Members of Parliament	56	87	87	87	56
Civil servants	60	79	79	79	60

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness

Qualitative Data

Head of State
Restrictions
General restriction on conflict of interest	No. Absent from legal framework. (General)
Accepting gifts	No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings	No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs)	No. Absent from legal framework. (General)
Holding government contracts	No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm	No. Absent from legal framework. (General)
Post-employment	No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position	No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests	No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector	No. Absent from legal framework. (General)
Sanctions
Fines are stipulated for violations of COI regulations restricting behavior	No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior	No. Absent from legal framework. (General)
Penal sanctions are stipulated for violations of COI regulations restricting behavior	No. Absent from legal framework. (General)
Monitoring and Oversight
Monitoring body specified (guidance, training, data tracking)	No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings)	No. Absent from legal framework. (General)
Ministers
Restrictions
General restriction on conflict of interest	No. Absent from legal framework. (General)
Accepting gifts	Yes. Ministers are restricted from wrongfully accepting offers, promises, donations, gifts or advantages. (Article 432-11 of the Penal Code (2010))
Private firm ownership and/or stock holdings	No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs)	No. Absent from legal framework. (General)
Holding government contracts	No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm	Yes. General (Article 23 of the Constitution (1958))
Post-employment	No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position	Yes. Ministers shall not hold an electoral mandate at either national or European level. (Article 23 of the Constitution (1958))
Participating in official decision-making processes that affect private interests	No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector	No. Absent from legal framework. (General)
Sanctions
Fines are stipulated for violations of COI regulations restricting behavior	Yes. Ministers can be subjected to fines for conflict of interest violations and in case of passive corruption. (Articles 432-11, 432-12 and 432-13 of the Penal Code (2010))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior	No. Absent from legal framework. (General)
Penal sanctions are stipulated for violations of COI regulations restricting behavior	Yes. Ministers can be subjected to penal sanctions for conflict of interest violations and in case of passive corruption (Articles 432-11, 432-12 and 432-13Penal Code (2010) Article 24 of Law No2011-412 (2011))
Monitoring and Oversight
Monitoring body specified (guidance, training, data tracking)	No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings)	No. Absent from legal framework. (General)
Members of Parliament
Restrictions
General restriction on conflict of interest	No. Absent from legal framework. (General)
Accepting gifts	Yes. MPs are restricted from wrongfully accepting offers, promises, donations, gifts or advantages. (Article 432-11 of the Penal Code (2010))
Private firm ownership and/or stock holdings	Yes. MPs cannot be leaders of a public or private enterprise subsidized by the State or which is going public. (Article LO 146 of the Electoral Code (2009))
Ownership of state-owned enterprises (SOEs)	Yes. MPs cannot be leaders of a public or private enterprise subsidized by the State or which is going public. (Article LO 146 of the Electoral Code (2009))
Holding government contracts	No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm	Yes. MPs are prohibited from accepting board member positions while they perform their electoral mandates. (Article LO 145 & LO 147 of the Electoral Code (2009))
Post-employment	No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position	Yes. Members of Parliament shall not perform any executive, judicial or civil servants activities. Should a Member of Parliament be called to serve in the cabinet, he must resign from his or her electoral mandate. (Article 23 of the Constitution (1958) Electoral Code (2009))
Participating in official decision-making processes that affect private interests	No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector	No. Absent from legal framework. (General)
Sanctions
Fines are stipulated for violations of COI regulations restricting behavior	Yes. MPs can be subjected to fines for conflict of interest violations and in case of passive corruption. (Articles 432-11, 432-12 and 432-13 of the Penal Code (2010))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior	No. Absent from legal framework. (General)
Penal sanctions are stipulated for violations of COI regulations restricting behavior	Yes. MPs can be subjected to penal sanctions for conflict of interest violations and in case of passive corruption (Articles 432-11, 432-12 and 432-13 Penal Code (2010) Article 24 of Law No2011-412 (2011))
Monitoring and Oversight
Monitoring body specified (guidance, training, data tracking)	No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings)	Yes. The Conseil Consittutionnel will retire any MP who has not submitted his or her declaration form. (LO 151 of the Electoral Code (2009))
Civil servants
Restrictions
General restriction on conflict of interest	No. Absent from legal framework. (General)
Accepting gifts	Yes. Civil servants are restricted from wrongful accepting offers, promises, donations, gifts or advantages. (Article 432-11 of the Penal Code (2010))
Private firm ownership and/or stock holdings	No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs)	No. Absent from legal framework. (General)
Holding government contracts	No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm	Yes. Civil servants are prohibited from serving as board members in firms that do not meet the requirements set forth in the Tax Code. (Article 25 of the Law on Civil Service (1983) Article 261, VII. -1* b of the Tax Code)
Post-employment	Yes. Civil servants who are temporarily or definitely leaving public service are prohibited from working for, taking or receiving interests from, firms that have been in the last three years either supervised, controlled, or contracting with, the office where the civil servant is working or has worked. (Decree regarding the financial year of private activities by civil servants (2007))
Simultaneously holding policy-making position and policy-executing position	No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests	No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector	No. Absent from legal framework. (General)
Sanctions
Fines are stipulated for violations of COI regulations restricting behavior	Yes. Civil servants can be subjected to fines for conflict of interest violations and in case of passive corruption. (Articles 432-11, 432-12 and 432-13 of the Penal Code (2010))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior	Yes. Civil servants are subject to deduction and other disciplinary sanctions and in case of passive corruption. (Articles 25, 28 and 72 of the Law on Civil Service (1983))
Penal sanctions are stipulated for violations of COI regulations restricting behavior	Yes. Civil servants can be subjected to penal sanctions for conflict of interest violations and in case of passive corruption. (Articles 432-11, 432-12 and 432-13 of the Penal Code (2010))
Monitoring and Oversight
Monitoring body specified (guidance, training, data tracking)	No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings)	Yes. The Ethic Commission is the enforcement body. (Article 3 of the Decree regarding the financial year of private activities by civil servants (2007))

Legislation

Constitution of the Republic of France of 1958 (French)	pdf
Penal Code (French)	pdf
Electoral Code (French)	pdf
Law on transparency in public life of 2013 (French)	pdf
Law on the rights and obligations of civil servants ("Le Pors Law") of 1983 (French)	pdf
Decree relating to ethical controls in the civil service of 2020 (French)	pdf
Order on the functioning of parliamentary assemblies of 1958 (French)	pdf
Decree on the attributions of ministers of 1959 (French)	pdf
Law on confidence in political life of 2017 (French)	pdf

*Last update: 2017

Freedom of Information

The freedom of information regime in France is established by the Code of relations between the Administration and the Public (2015, amended 2016). The law applies to administrative documents that are created or received as part of the functioning of public service by the State, local authorities and by other persons of public law or private law entrusted with such a role, and private entities entrusted with a public service mission. It does not apply to parliament.

Specific exemptions to disclosure are outlined in the aforementioned FOI law and Act No. 78-17 relating to data, files and liberties (1988, amended 2016). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

The first appeals stage is to the Commission for Access to Administrative Documents (CADA) which issues a non-binding opinion when requested by an applicant whose request for information has been refused. Judicial appeal can only be granted after the Commission for Access to Administrative Documents (CADA) has given its opinion.

There are no sanctions specified in the law for violations of FOI provisions, nor are there any enforcement or oversight bodies tasked with managing implementation.

Quantitative Data
Qualitative Data
Laws

Quantitative Data

Primary Metric	2012	2015	2016	2017	2020
Scope and Coverage	69	69	69	69	69
Information access and release	54	54	54	54	54
Exceptions and Overrides	67	50	50	50	50
Sanctions for non-compliance	0	0	0	0	0
Monitoring and Oversight	33	33	33	33	33

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness

Qualitative Data

Scope and Coverage
Scope of disclosure
Existence of legal right to access	Yes. The right of any person to information is specified and guaranteed by the provisions of Chapters I, III and IV of this title as regards freedom of access to documents administrative. (Article L300-1 Code of relations between the Administration and the Public, 2016, last amended 2020)
"Information" or "Documents" is defined	Yes. Administrative documents, as defined in Chapters I, III and IV of this title, whatever their date, place of conservation, form and support documents created or received as part of their mission of service public by the State, local authorities and by other persons of public law or private law entrusted with such a mission. Constitute such documents including records, reports, studies, records, minutes, statistics, directives, instructions, circulars, notes and ministerial replies, correspondence, reviews, forecasts and decisions. (Article L300-2 Code of relations between the Administration and the Public, 2016, last amended 2020)
Proactive disclosure is specified	No. Absent from legal framework (General)
Coverage of public and private sectors
Executive branch	Yes. Administrative documents are defined as documents that are created or received as part of the functioning of public service by the State, local authorities and by other persons of public law or private law entrusted with such a role. (Article L300-2 Code of relations between the Administration and the Public, 2016, last amended 2020)
Legislative branch	No. Parliament falls under the Ordinance on the functioning of parliamentary assemblies but does not specify access to parliamentary documents. (Act No. 58-1100 on the functioning of parliamentary assemblies, 1958, last amaneded 2020)
Judicial branch	Yes. Only administrative documents relevant to the judiciary are covered. (Article L300-1 Code of relations between the Administration and the Public, 2016, last amended 2020)
Other public bodies	No. Absent from legal framework ( )
Private sector	Yes. It is covered if the private entity is entrusted with a public service mission. (Article L300-1 Code of relations between the Administration and the Public, 2016, last amended 2020)
Access to specific documents (subject to reactive and/or proactive disclosure)
Draft legal instruments	No. The legislature is not covered by the FOIA and the Ordinance on the functioning of parliamentary assemblies does not cover general access to information. In practice draft laws are published on the website of the Senate: http://www.senat.fr/dossiers-legislatifs/textes-recents.html ( )
Enacted legal instruments	Yes. The President must promulgate the laws passed by the parliament. The Civil Code, last amended 2021 also requires all laws to be published in the Journal officiel de la République française (Official Gazette) in order to be binding. Law 2000-321 sets out the right to access legislation and requires administrative authorities to set up a simple and accessible system by which the public can access the laws that are enacted. (Article 10 Constitution of France, 1958, amended 2009 Article 2, Law no 2000-321 on the rights of citizens in their relations with the administration, 2000, last amended 2018 Article 1, Civil Code, last amended 2020)
Annual budgets	Yes. Budgets and accounts of any administrative authority (defined as government departments, local authorities, public administrative bodies, social security agencies and other bodies responsible for the management of an administrative public service) must be disclosed if requested. Parliament must pass annual finance laws and central government must publish the budget and financial activities quarterly. Under the FOIA a right to access is provided to a wide range of administrative documents held by public bodies and, subject to exemptions, this would also cover financial information. (Article 10, Law no 2000-321 on the rights of citizens in their relations with the administration, 2000, last amended 2018 Article L300-2 Code of relations between the Administration and the Public, 2016, last amended 2020 Article 48 of the Organic Law on the Finance Laws, 2001, last amended 2013 Article 47 Constitution of France, 1958, amended 2009 )
Annual chart of accounts (actual expenditures)	Yes. Budgets and accounts of any administrative authority (defined as government departments, local authorities, public administrative bodies, social security agencies and other bodies responsible for the management of an administrative public service) must be disclosed if requested. Parliament must pass annual finance laws and central government must publish the budget and financial activities quarterly. Under the FOIA a right to access is provided to a wide range of administrative documents held by public bodies and, subject to exemptions, this would also cover financial information. (Article 10, Law no 2000-321 on the rights of citizens in their relations with the administration, 2000, last amended 2018 Article L300-2 Code of relations between the Administration and the Public, 2016, last amended 2020 Article 48 of the Organic Law 62 on the Finance Laws, 2001, amended 2013 Article 47 Constitution of France, 1958, amended 2009 )
Annual reports of public entities and programs	Yes. Administrative documents, as defined in Chapters I, III and IV of this title, whatever their date, place of conservation, form and support documents created or received as part of their mission of service public by the State, local authorities and by other persons of public law or private law entrusted with such a mission. Constitute such documents including records, reports, studies, records, minutes, statistics, directives, instructions, circulars, notes and ministerial replies, correspondence, reviews, forecasts and decisions. (Article L300-2 Code of relations between the Administration and the Public, 2016, last amended 2020)
Information access and release
Procedural access
Universal access (agencies, citizens and non-citizens)	Yes. The right of any person to information is specified and guaranteed by the provisions of Chapters I, III and IV of this title as regards freedom of access to documents administrative. (Article L300-1 Code of relations between the Administration and the Public, 2016, last amended 2020)
Type of request is specified (written, electronic, oral)	No. Absent from legal framework ( )
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.)	Yes. The person responsible for access to administrative documents and questions relating to the re-use of public information shall be responsible, in this capacity, for: 1. Receive requests for access to administrative documents and license for the re-use of public information as well as any complaints and ensure that they are processed; 2. Liaise between the authority with which it is designated and the commission for access to administrative documents. (Article L330-4 Code of relations between the Administration and the Public, 2016, last amended 2020)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs)	Yes. The only charges are the direct costs of making a hard copy of a document in the same format as the original. Viewing a document in person or receiving an e-version are free of charge. (Article L311-9 Code of relations between the Administration and the Public, 2016, last amended 2020)
Deadlines for release of information
20-day response deadline	Yes. If an applicant has had no response to a request for information within one calendar month, then they should assume that the request has been refused. (Article L311-13 Code of relations between the Administration and the Public, 2016, last amended 2020)
Agency granted right to extend response time	No. Absent from legal framework (General)
Maximum total response time of no more than 40 days	No. Absent from legal framework (General)
Exceptions and Overrides
Exemptions to disclosure
Existence of secrecy/states secrets law	No. Absent from legal framework ( )
Existence of personal privacy/data law	Yes. The Civil Code, last amended 2021 sets out a right to respect for private life. Law 78-17, the data protection law, protects and sets out conditions for access to personal data, including lawful and fair collection, disclosure requirements, and consent. (Article 9, Civil Code, last amended 2020 Act No. 78-17 relating to data, files and liberties, 1978, last amended 2020)
Specific exemptions to disclosure	Yes. The list of exemptions is listed in the article of the Code of relations between the Administration and the Public (Article L311-5/6 Code of relations between the Administration and the Public, 2016, last amended 2020 Article 7, Act No. 78-17 relating to data, files and liberties, 1978, last amended 2020 Article 413-9 Criminal Code, last amended 2020)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.
Appeals
Appeals allowed within public entities	No. Absent from legal framework (General)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding.	No. The first appeals stage is to the Commision for Access to Administrative Documents (CADA) which issues a non-binding opinion when requested by an applicant whose request for information has been refused. (Article L342-1 Code of relations between the Administration and the Public, 2016, last amended 2020)
Judicial appeals mechanism	Yes. Judicial appeal can only be granted after the Commission for Access to Administrative Documents (CADA) has given its opinion. (Article L342-1 Code of relations between the Administration and the Public, 2016, last amended 2020)
Sanctions for non-compliance
Administrative sanctions are specified for violations of disclosure requirements	No. Absent from legal framework (General)
Fines are specified for violations of disclosure requirements	No. Absent from legal framework (General)
Criminal sanctions are specified for violations of disclosure requirements	No. Absent from legal framework (General)
Monitoring and Oversight
Information officers must be appointed in public agencies	Yes. The Ministers and the Prefects shall designate for the departments under their authority a person responsible for access to administrative documents and questions relating to the re-use of public information. The following persons are also required to designate a responsible person: 1. The communes of ten thousand inhabitants or more, the departments, regions and the territorial collectivity of Corsica; 2. National and local public establishments employing at least two hundred agents; 3. Public establishments for inter-municipal co-operation comprising a population of ten thousand or more inhabitants; 4 ° Other persons governed by public law and private persons entrusted with the management of a public service who employ at least 200 officers. (Article L330-2 Code of relations between the Administration and the Public, 2016, last amended 2020)
Public body that is responsible for applying sanctions	No. The Commission for Access to Administrative Documents is an independent administrative authority. It is responsible for ensuring respect for the freedom of access to administrative documents and public archives and for the application of Title II of this book under the conditions laid down in this book and in Title I of Book II of heritage code (Article L340-1 Code of relations between the Administration and the Public, 2016, last amended 2020)
Public body that is responsible for public outreach (raising public awareness)	No. Absent from legal framework (General)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman.	No. Absent from legal framework (General)
Ombudsman involvement in implementation is specified by law	Yes. The Defender of Rights may be seized of, or seized ex officio of, disputes between the public and the administration, in the cases and under the conditions provided for by Organic Law No. 2011-333 of March 29, 2011 relating to the Defender Rights. (Article L424-1 Code of relations between the Administration and the Public, 2016, last amended 2020)
Reporting of data and/or implementation is required	No. Absent from legal framework

Legislation

Constitution of the Republic of France of 1958_FRA (French)	pdf
Code of relations between the public and the administration_FRA (French)	pdf
Law No. 58-1100 on the functioning of parliamentary assemblies_FRA (French)	pdf
Law No. 2000-321 on the rights of citizens in their relations with the administration_FRA (French)	pdf
Civil Code_FRA (French)	pdf
Organic Law No. 2001-692 relating to Finance Laws_FRA (French)	pdf
Law No. 78-17 relating to data, files and liberties_FRA (French)	pdf
Penal Code_FRA (French)	pdf

*Last update: 2017

Public Procurement

The French public procurement system is regulated by the Public Procurement Contracts Code, Ordinance No. 2005-649 of 6 June 2005, and additional legislation regulating subcontracting, certain public and private buyers etc. The central body responsible for supporting any state organizations in public procurement issues is the Advisory Commission on Public Procurement.

The lowest minimum thresholds for conducting a public procurement tender are:

▪ EUR 25,000 for goods, works and services,

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 35 days for open procedures, 30 days for restricted procedures and 30 for negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

here is no preferential treatment for SMEs. Bids can be excluded in case of irregular offers (non-compliant with call for tenders or incomplete bid), and abnormally low priced offers can be also excluded.

In the bid evaluation phase, there are no conflict of interest restrictions on the composition of the evaluation committee nor provisions on the independence of the contracting authority.

There is no payable fee in case of an arbitration procedure.

Quantitative Data
Qualitative Data
Laws

Quantitative Data

Primary Metric	2015	2016	2017	2020
Scope	96	92	94	90
Information availability	69	69	82	32
Evaluation	81	81	81	62
Open competition	83	83	75	75
Institutional arrangements	29	29	29	29

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness

Qualitative Data

Scope
Threshold - lowest PP
What is the minimum contract value above which the public procurement law is applied? (Product type GOODS)	EUR 40000. The contracting authority may award a contract without prior advertising or competition to meet a need whose estimated value is less than 40,000 EUR (excluding tax) or for lots whose amount is less than 40,000 EUR (excluding tax) and which meet the condition provided for in b of 2 ° of Article R. 2123-1. Between 40,000 EUR and EU thresholds, an adpated procedure ("procédure adaptée") may be applied by the contracting authority. The adapted procedure is also applicable to: 1. A lot (for contracts divided up in lots), the total amount of which is equal to or greater than the formalized procedure thresholds (= EU thresholds) and which meets the following two conditions: a) The estimated value of each lot concerned is less than 80,000 EUR (excluding tax) for supplies or services or 1 million EUR (excluding tax) for works; b) The cumulative amount of these lots does not exceed 20% of the estimated total value of all lots; 2. A contract whose object are social services and other specific services, listed in Annex to the Procurement Code, whatever the estimated value of the need; 3. A contract whose object, whatever the estimated value of the requirement, are certain legal services. The threshold after which contracts are concluded in writing is set at 25,000 EUR (excluding tax). (Code of Public Procurement of 2018, as amended in 2020, Arts. R2122-8, R2123-1, R2124-1, R2112-1 and L2123-1; Annex 2)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS)	EUR 40000. The contracting authority may award a contract without prior advertising or competition to meet a need whose estimated value is less than 40,000 EUR (excluding tax) or for lots whose amount is less than 40,000 EUR (excluding tax) and which meet the condition provided for in b of 2 ° of Article R. 2123-1. Between 40,000 EUR and EU thresholds, an adpated procedure ("procédure adaptée") may be applied by the contracting authority. The adapted procedure is also applicable to: 1. A lot (for contracts divided up in lots), the total amount of which is equal to or greater than the formalized procedure thresholds (= EU thresholds) and which meets the following two conditions: a) The estimated value of each lot concerned is less than 80,000 EUR (excluding tax) for supplies or services or 1 million EUR (excluding tax) for works; b) The cumulative amount of these lots does not exceed 20% of the estimated total value of all lots; 2. A contract whose object are social services and other specific services, listed in Annex to the Procurement Code, whatever the estimated value of the need; 3. A contract whose object, whatever the estimated value of the requirement, are certain legal services. The threshold after which contracts are concluded in writing is set at 25,000 EUR (excluding tax). (Code of Public Procurement of 2018, as amended in 2020, Arts. R2122-8, R2123-1, R2124-1, R2112-1 and L2123-1; Annex 2)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES)	EUR 40000. The contracting authority may award a contract without prior advertising or competition to meet a need whose estimated value is less than 40,000 EUR (excluding tax) or for lots whose amount is less than 40,000 EUR (excluding tax) and which meet the condition provided for in b of 2 ° of Article R. 2123-1. Between 40,000 EUR and EU thresholds, an adpated procedure ("procédure adaptée") may be applied by the contracting authority. The adapted procedure is also applicable to: 1. A lot (for contracts divided up in lots), the total amount of which is equal to or greater than the formalized procedure thresholds (= EU thresholds) and which meets the following two conditions: a) The estimated value of each lot concerned is less than 80,000 EUR (excluding tax) for supplies or services or 1 million EUR (excluding tax) for works; b) The cumulative amount of these lots does not exceed 20% of the estimated total value of all lots; 2. A contract whose object are social services and other specific services, listed in Annex to the Procurement Code, whatever the estimated value of the need; 3. A contract whose object, whatever the estimated value of the requirement, are certain legal services. The threshold after which contracts are concluded in writing is set at 25,000 EUR (excluding tax). (Code of Public Procurement of 2018, as amended in 2020, Arts. R2122-8, R2123-1, R2124-1, R2112-1 and L2123-1; Annex 2)
Threshold - by PP type
What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR)	EUR 40000. The contracting authority may award a contract without prior advertising or competition to meet a need whose estimated value is less than 40,000 EUR (excluding tax) or for lots whose amount is less than 40,000 EUR (excluding tax) and which meet the condition provided for in b of 2 ° of Article R. 2123-1. Between 40,000 EUR and EU thresholds, an adpated procedure ("procédure adaptée") may be applied by the contracting authority. The adapted procedure is also applicable to: 1. A lot (for contracts divided up in lots), the total amount of which is equal to or greater than the formalized procedure thresholds (= EU thresholds) and which meets the following two conditions: a) The estimated value of each lot concerned is less than 80,000 EUR (excluding tax) for supplies or services or 1 million EUR (excluding tax) for works; b) The cumulative amount of these lots does not exceed 20% of the estimated total value of all lots; 2. A contract whose object are social services and other specific services, listed in Annex to the Procurement Code, whatever the estimated value of the need; 3. A contract whose object, whatever the estimated value of the requirement, are certain legal services. The threshold after which contracts are concluded in writing is set at 25,000 EUR (excluding tax). (Code of Public Procurement of 2018, as amended in 2020, Arts. R2122-8, R2123-1, R2124-1, R2112-1 and L2123-1; Annex 2)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES)	EUR 40000. The contracting authority may award a contract without prior advertising or competition to meet a need whose estimated value is less than 40,000 EUR (excluding tax) or for lots whose amount is less than 40,000 EUR (excluding tax) and which meet the condition provided for in b of 2 ° of Article R. 2123-1. Between 40,000 EUR and EU thresholds, an adpated procedure ("procédure adaptée") may be applied by the contracting authority. (Code of Public Procurement of 2018, as amended in 2020, Art. R3126-1; Annex 2)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE)	EUR 40000. The contracting authority may award a contract without prior advertising or competition to meet a need whose estimated value is less than 40,000 EUR (excluding tax) or for lots whose amount is less than 40,000 EUR (excluding tax) and which meet the condition provided for in b of 2 ° of Article R. 2123-1. Between 40,000 EUR and EU thresholds, an adpated procedure ("procédure adaptée") may be applied by the contracting authority. Adapted procedures may also be applies in case of defence or security-related contracts divided up in lots, the total amount of which is equal to or greater than the formalized procedure thresholds (EU thresholds) and which meet the following two conditions: a) The estimated value of each lot concerned is less than 80,000 EUR (excluding tax) for supplies or services or 1 million EUR (excluding tax) for works; b) The cumulative amount of these lots does not exceed 20% of the estimated total value of all lots. (Code of Public Procurement of 2018, as amended in 2020, Arts. R2122-8, R2123-1, R2124-1, R2112-1 and L2123-1; Annex 2)
Threshold - by product type
What are the minimum application thresholds for the procurement type? (Product type GOODS)	EUR 40000. The contracting authority may award a contract without prior advertising or competition to meet a need whose estimated value is less than 40,000 EUR (excluding tax) or for lots whose amount is less than 40,000 EUR (excluding tax) and which meet the condition provided for in b of 2 ° of Article R. 2123-1. Between 40,000 EUR and EU thresholds, an adpated procedure ("procédure adaptée") may be applied by the contracting authority. The adapted procedure is also applicable to: 1. A lot (for contracts divided up in lots), the total amount of which is equal to or greater than the formalized procedure thresholds (= EU thresholds) and which meets the following two conditions: a) The estimated value of each lot concerned is less than 80,000 EUR (excluding tax) for supplies or services or 1 million EUR (excluding tax) for works; b) The cumulative amount of these lots does not exceed 20% of the estimated total value of all lots; 2. A contract whose object are social services and other specific services, listed in Annex to the Procurement Code, whatever the estimated value of the need; 3. A contract whose object, whatever the estimated value of the requirement, are certain legal services. The threshold after which contracts are concluded in writing is set at 25,000 EUR (excluding tax). (Code of Public Procurement of 2018, as amended in 2020, Arts. R2122-8, R2123-1, R2124-1, R2112-1 and L2123-1; Annex 2)
What are the minimum application thresholds for the procurement type? (Product type WORKS)	EUR 40000. The contracting authority may award a contract without prior advertising or competition to meet a need whose estimated value is less than 40,000 EUR (excluding tax) or for lots whose amount is less than 40,000 EUR (excluding tax) and which meet the condition provided for in b of 2 ° of Article R. 2123-1. Between 40,000 EUR and EU thresholds, an adpated procedure ("procédure adaptée") may be applied by the contracting authority. The adapted procedure is also applicable to: 1. A lot (for contracts divided up in lots), the total amount of which is equal to or greater than the formalized procedure thresholds (= EU thresholds) and which meets the following two conditions: a) The estimated value of each lot concerned is less than 80,000 EUR (excluding tax) for supplies or services or 1 million EUR (excluding tax) for works; b) The cumulative amount of these lots does not exceed 20% of the estimated total value of all lots; 2. A contract whose object are social services and other specific services, listed in Annex to the Procurement Code, whatever the estimated value of the need; 3. A contract whose object, whatever the estimated value of the requirement, are certain legal services. The threshold after which contracts are concluded in writing is set at 25,000 EUR (excluding tax). (Code of Public Procurement of 2018, as amended in 2020, Arts. R2122-8, R2123-1, R2124-1, R2112-1 and L2123-1; Annex 2)
What are the minimum application thresholds for the procurement type? (Product type SERVICES)	EUR 40000. The contracting authority may award a contract without prior advertising or competition to meet a need whose estimated value is less than 40,000 EUR (excluding tax) or for lots whose amount is less than 40,000 EUR (excluding tax) and which meet the condition provided for in b of 2 ° of Article R. 2123-1. Between 40,000 EUR and EU thresholds, an adpated procedure ("procédure adaptée") may be applied by the contracting authority. The adapted procedure is also applicable to: 1. A lot (for contracts divided up in lots), the total amount of which is equal to or greater than the formalized procedure thresholds (= EU thresholds) and which meets the following two conditions: a) The estimated value of each lot concerned is less than 80,000 EUR (excluding tax) for supplies or services or 1 million EUR (excluding tax) for works; b) The cumulative amount of these lots does not exceed 20% of the estimated total value of all lots; 2. A contract whose object are social services and other specific services, listed in Annex to the Procurement Code, whatever the estimated value of the need; 3. A contract whose object, whatever the estimated value of the requirement, are certain legal services. The threshold after which contracts are concluded in writing is set at 25,000 EUR (excluding tax). (Code of Public Procurement of 2018, as amended in 2020, Arts. R2122-8, R2123-1, R2124-1, R2112-1 and L2123-1; Annex 2)
Information availability
Publishing and record keeping
Is there a requirement that tender documents must published in full?	Yes. Tender documents are all the documents provided by the contracting authority or to which they refer in order to define their needs and describe the terms of the procurement procedure, including the notice of call for competition. The information provided is sufficiently precise to allow economic operators to determine the nature and extent of the need and to decide whether or not to request to participate in the procedure. Tender documents are made available free of charge to economic operators. For contracts whose estimated value is equal to or greater than 40,000 EUR (excluding tax) and whose procedure gives rise to the publication of a notice of a call for competition, this provision is made on a buyer profile from the publication of the call for competition in accordance with the terms set by order of the Minister responsible for the economy (Annex to the Code). When the technical specifications are based on documents available free of charge by electronic means, the indication of the reference of these documents is considered sufficient. The notice of call for competition, or where applicable the invitation to confirm interest, mentions the address of the buyer profile on which the documents of the consultation are accessible. (Code of Public Procurement of 2018, as amended in 2020, Arts. R2132-1, R2132-2, R2132-3, R2132-4, R2332-2, L3122-4 and R3125-6)
Are any of these documents published online at a central place?	Yes. Documents can be published on: 1. the Platform des Achats de l'Etat at: https://www.marches-publics.gouv.fr/?page=entreprise.AccueilEntreprise; 2. the Official Bulletin of Public Procurement Announcements; 3. the Official Journal of the European Union; and 4. buyer's profile. (Code of Public Procurement of 2018, as amended in 2020, Arts. R2132-1, R2132-2, R2132-3, R2132-4 and R2132-12)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system)	Yes. The contracting authority keeps the justification for decisions relating to the qualification, selection of economic operators and the award of contracts and dynamic purchasing systems for contracts above EU thresholds. The authority must also keep: 1. The reasons for awarding a contract without prior publicity or competition; 2. The reasons why it did not divide up the market in lots; 3. The reasons why it required a minimum annual turnover higher than the ceiling set in article R. 2142-7, when these were not indicated in the tender documents; 4. The description of the appropriate measures taken to ensure that competition has not been distorted by prior studies and discussions with economic operators or by the participation of an economic operator in preparing the tender; 5. The reasons why it requested the use of means of communication other than electronic means for the transmission of offers. Insofar as the award notice contains this information, the contracting entity may refer to this notice. When the contracting entity is subject to a control of its contracts, it transmits to the authorities responsible for this control the information, documents or their main elements mentioned, together with the contractual documents. The information, documents or the main elements mentioned are communicated to the European Commission at its request. The contracting authority keeps the applications and offers as well as the documents relating to the award procedure for a minimum period of five years from the date of signature of the contract. The contracting authority should keep the constituent parts of the contract for a minimum period of five years for supply or service contracts and ten years for works, project management or technical control contracts, counted from the end of the execution of the contract. (Code of Public Procurement of 2018, as amended in 2020, Arts. R2184-1, R2184-2, R2184-3, R2184-7, R2184-8, R2184-9, R2184-10, R2184-11, R2184-12 and R2184-13)
Are contracts awarded within a framework agreement published (ie mini contracts)?	No. For subsequent contracts, based on a framework agreement, the contracting authority is exempted from sending an award notice. (Code of Public Procurement of 2018, as amended in 2020, Art. R2183-3 )
Sub-contracting
Is it mandatory to publish information on subcontractors (ie names) in some cases?	No. Information on subcontractors is collected, but it is not clear whether it is published. The contracting authority may ask the tenderers to indicate in their tender the part of the contract that they intend to subcontract to third parties, in particular to SMEs within the meaning of the Commission recommendation 2003/361/EC of 6 May 2003 or craftsmen within the meaning of art. 19 of Law n° 96-603 of 5 July 1996. Where the declaration of subcontracting occurs when the tender is submitted, the bidder provides the contracting authority with a declaration mentioning all of the following information: 1. The nature of the subcontracted services; 2. The name, business name or name and address of the proposed subcontractor; 3. The maximum amount of sums to be paid to the subcontractor; 4. The terms of payment provided for in the draft subcontract and, where applicable, the terms and conditions for price variations; 5. Where applicable, the capacities of the subcontractor on which the candidate relies. The bidder also provides a declaration from the subcontractor indicating that he is not placed in a case of exclusion mentioned by the Code. Furthermore, the contracting authority shall draw up a report documenting the procurement procedure and the dynamic purchasing systems for public contracts above EU thresholds. This report is not required for contracts based on a framework agreement when these are concluded without reopening of competition. The report must include at least the following elements: 1. The name and address of the contracting authority, the object and the value of the contract or of the dynamic purchasing system; 2. The name of the excluded candidates and the reasons for the rejection of their candidacy; 3. The name of selected candidates and the reasons for this choice; 4. The name of the tenderers whose offer was rejected and the reasons for this rejection including, where applicable, the reasons which led the contracting authority to consider it abnormally low; 5. The name of the winning bidder and the reasons for the choice of their offer, as well as, if this information is known, the part of the contract that the winner intends to subcontract to third parties and the name of the subcontractors. ( Code of Public Procurement of 2018, as amended in 2020, Arts. R2151-13 and R2193-3; R2132-1, R2184-1, R2184-2 and R2184-3)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column.	General. (<> )
Evaluation
Preferential treatment
Is there a ban on mentioning specific companies or brands in tender specification/call for tender?	Yes. The technical specifications may not mention a particular manufacturing method or process or a specific provenance or origin, nor may refer to a trademark, a patent or a type when such an indication or reference is likely to be favor or eliminate certain economic operators or certain products. However, such a mention or reference is possible if it is justified by the subject of the contract or, exceptionally, in the event that a sufficiently precise and intelligible description of the subject of the contract is not possible without it and to on condition that it be accompanied by the words "or equivalent". (Code of Public Procurement of 2018, as amended in 2020, Art. R2111-7 )
Is there a preferential treatment for small-to-medium enterprises (SMEs)?	Yes. The contracting authority takes into account, among the criteria for awarding the contract, the part of performance of the contract that the tenderer undertakes to entrust to SMEs or to craftsmen. The contracting authority may grant an advance payment to the bidder who has been awarded the contract when the initial amount of the contract is greater than EUR 50,000 (excluding tax) and to the extent that the execution period is greater than two months. The winner of the public contract can refuse receipt of the advance payment. However, provided they have agreed to it, when the winner, or their subcontractor, is an SME, the minimum rate of the advance payment is increased to: 1. 20% for public contracts awarded by the State; 2. 10% for public contracts awarded by public administrative establishments of the State, other than public health establishments, for which the operating expenditure recorded in the financial account for the penultimate financial year for the year is greater than 60 million euros; 3. 10% for public contracts awarded by local authorities, their public establishments and their groups, for which the actual operating expenses recorded in the management account of the main budget for the penultimate year ended are greater than 60 millions of euros. Moreover, winners of public contracts who are SMEs have preferential treatment in terms of: 1. frequency of payment (shorter intervals), whenever the execution of the public contract is to be remunerated in installments; and 2. payment of a contract guarantee. (Code of Public Procurement of 2018, as amended in 2020, Arts. L2222-4, R2151-13, R2191-7, R2191-20, R2191-22, R2191-32 and R2191-33)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies)	No. Contracting authorities must respect the principle of equal treatment of candidates in the award of a public procurement contract. They must also implement the principles of freedom of access and transparency of procedures. These principles ensure the effectiveness of public procurement and the proper use of public funds. In the granting of concessions in the defence and security field, these principles are intended to ensure the strengthening of the European defense industrial and technological base. Contracting authorities guarantee equal treatment equivalent to the one accorded to economic operators based in the EU to economic operators, as well as to works, supplies and services from States party to the Agreement on Public Procurement concluded within the framework of the World Trade Organization, or to another equivalent international agreement which the EU is a party to, within the limits of these agreements. In other cases, contracting authorities may introduce in the tender documents criteria or restrictions based on the origin of all or part of the works, supplies or services making up the offers offered or the nationality of the operators authorized to submit an offer. States parties to the EEA which are not members of the EU are considered to be Member States of the EU. (Code of Public Procurement of 2018, as amended in 2020, Arts. L3, R2111-1, L2153-1, R2153-1 and L1122-1)
Is there a specific set of rules for green/sustainable procurement?	Yes. The clauses of the tender specify the conditions of performance of the services, which must be linked to its object. The conditions of execution may take into account considerations relating to the economy, innovation, the environment, the social field, employment or the fight against discrimination. Contracting authorities may require that the means used to perform all or part of a contract, to maintain or to modernize the products acquired, be located on the territory of the Member States of the EU in order, in particular, to take into account environmental or social security considerations, or to ensure the security of information and supplies. Contracting authorities subject to the Public Procurement Code, the status of which is set by law, adopt a plan for promoting socially and environmentally responsible public procurement when the total annual amount of their purchases is greater than EUR 100 million (excluding tax). In order to determine the total annual amount of their purchases, contracting authorities subject to Art. L. 2111-3 take into account all of their contracts, with the exception of those falling under Book V of the Code.This plan, made public, determines the purchasing policy objectives comprising elements of a social nature aimed at contributing to the social and professional integration of disabled or disadvantaged workers and elements of an ecological nature as well as the methods of implementation and annual monitoring of these objectives. This scheme also contributes to the promotion of a circular economy. Additionally, concession contracts must take into account environmental considerations and abnormally low tenders whose value is due to lack of compliance with environmental rules must be rejected. (Code of Public Procurement of 2018, as amended in 2020, Arts. L2111-3, D2111-3, L2112-2, L2112-4, R2152-3, R2152-4, L3114-2, R2152-7, R2312-4, R2152-9 and R2152-10)
Bid evaluation
Are there restrictions on allowable grounds for tenderer exclusion?	Yes. Broadly, grounds for mandatory tenderer and subcontractors' exclusion are: 1. conviction, by a definitive sentence or decision, for defined offences; 2. non-compliance with tax and social security obligations; 3. ongoing liquidation or bankrupcy proceedings; 4. existence of sanctions, civil or administrative, for violation of the Labour Code and labour legislation. Discretionary exclusion can happen if: 1. the tenderer has defaulted in their contractual obligations in previous public contracts awarded to them; 2. the tenderer has had access to information that can distort the fairness of competition; 3. the contracting authority has enough evidences to justify serious concerns of tenderers' collusion to defraud the procedure; 4. existence of conflict of interest. (Code of Public Procurement of 2018, as amended in 2020, Arts. L2141-1 to L2141-11 and L2141-14)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc.	Yes. In non-negotiated adapted procedures and tendering procedures, irregular, inappropriate or unacceptable bids are eliminated. In other procedures, inappropriate offers are eliminated. Irregular or unacceptable offers may become regular or acceptable during negotiation or dialogue, provided they are not abnormally low. When the negotiation or dialogue has ended, offers that remain irregular or unacceptable are eliminated. In case of abnormally low offers (general, utilities or defence and security procurement), the contracting authority may reject them only after requesting written clarifications. Rejection of the offer ensues when the information provided by the tenderer does not satisfactorily justify the low level of the price/costs, or when the contracting authority establishes that the price offered is abnormally low because it contravenes environmental, social law and labor law, imposed either by French law, including the collective agreement(s) applicable, by EU law or by the provisions of international agreements or treaties. Rejection due to abnormally low offers is also applicable to values concerning subcontracted services. (Code of Public Procurement of 2018, as amended in 2020, Arts. R2152-1, R2152-2, R2152-3, R2152-4, R2152-5, L2193-8, L2193-9, R2352-2, R2352-3, L3124-2, L3124-3, L3124-4)
Is scoring criteria published?	Yes. The award criteria as well as the modalities of their implementation are indicated in the consultation documents. The contracting authority shall indicate in the consultation documents the minimum requirements which the tenders must meet. When the contracting authority evaluates costs using a life cycle approach, it should be indicated in the tender documents what data must be provided by the bidders and the method that will be used to determine the life cycle cost based on this data. (Code of Public Procurement of 2018, as amended in 2020, Arts. R2152-11, R2152-12, R2161-13, R2161-18, R2132-1, R2132-2, R2142-11, R2131-11, L3122-4, R2152-7, L2222-4, L2222-5 and R2152-10, & defence and security: R2332-1, R2332-2, R2352-4, R2352-5 and R2352-6)
Are decisions always made by a committee?	No. Decisions are made by committee only in the contest ("concours") modality. For the groups mentioned in article L. 1414-3 of the General Code of Local Authorities, the members of the group's tender committee ("commission d'appel d'offres") are part of the jury. For other commissioning groups, the composition of the jury is set by the grouping agreement. (Code of Public Procurement of 2018, as amended in 2020, Arts. R2162-22, R2162-23, R2162-24, R2162-25 and R2162-26)
Are there regulations on evaluation committee composition to prevent conflict of interest?	Yes. The contracting authority may exclude from the procurement procedure bidders who, through their tender, create a situation of conflict of interest, if it cannot be remedied by other means. A situation of conflict of interest is defined as any situation in which a person who participates in the development of the procurement procedure or is likely to influence the outcome of the procurement procedure has, directly or indirectly, a financial, economic or any other personal interest which could compromise its impartiality or independence in the context of the procurement procedure. Furthermore, the contracting authority takes appropriate measures to ensure that competition is not distorted by participation in the procurement procedure of an economic operator who has had access to information unkown by other candidates or tenderers, due to their prior direct or indirect participation in the preparation of this procedure. The operator is excluded from the procurement procedure only when this situation cannot be remedied by other means, in accordance with the provisions of 2° of article L. 2141-8. (Code of Public Procurement of 2018, as amended in 2020, Arts. L2141-10 and R2111-2)
Is some part of evaluation committee mandatorily independent of contracting authority?	No. Apart from the composition of the jury, in the modality "contest", no provisions in this respect. However, any conflict of interest may be sanctioned as specified above.
Are scoring results publicly available?	No. The contracting authority publishes the decision about the chosen offer under the conditions and subject to the exceptions provided for by decree of the Council of State. For contracts whose value is above EU thresholds (including utilities/concessions), the contracting authority must send for publication, within a maximum period of 30 days from the signature of the contract, an award notice under the following conditions: 1. For the State, its public establishments other than of an industrial and commercial nature, local authorities, their public establishments and their groups, the notice is published in the Official Bulletin of Public Procurement Announcements and in the Official Journal of the European Union; 2. For other contracting authorities, the notice is published in the Official Journal of the European Union; 3. For contracts for social services and other specific services, the notice is published in the Official Journal of the European Union. The award notice is drawn up in accordance with the model set by the European Commission Regulation (EU) 2015/1986 of 11 November 2015 establishing standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) No 842/2011. (Code of Public Procurement of 2018, as amended in 2020, Arts. L2183-1, R2183-3, R2183-5, R2183-6, R3122-1 and R3122-2)
Does the law specify under which conditions the tender can be cancelled?	Yes. The contracting authority can, at any time, discontinue a tender procedure. When the procedure is discontinued, the contracting authority communicates, as soon as possible, the reasons for their decision not to award the contract or to restart the procedure to the economic operators who participated in it. In the defence and security sector, when the contracting authority considers that the number of suitable candidates is too small to ensure genuine competition, they may suspend the procedure and re-publish the notice of call for competition by setting a new deadline for the submission of requests for participation. In this case, the candidates selected following the first publication and those selected following the second publication are invited in accordance with the provisions of articles R. 2344-9 and R. 2344-10. This option does not affect the contracting authority's right to cancel the current tender procedure and to launch a new procedure. The contracting authority may also terminate the tender in the cases provided for in Articles L. 2195-2, L. 2195-3 and L. 2195-5. (Code of Public Procurement of 2018, as amended in 2020, Arts. L6, R2185-1, R2185-2, L2195-1 to L2195-6, R2344-5, L2395-1, L2395-2)
Open competition
CFT publication
Does the law specify the location for publicizing open calls for tenders?	Yes. The contracts awarded according to an adapted procedure by the State, its public establishments other than of an industrial and commercial nature, the local authorities, their public establishments and their groups, are the object of publicity under the following conditions: 1. When the estimated value of the requirement is less than 90,000 EUR (excluding tax), the advertising methods are freely adapted according to the characteristics of the contract, in particular its amount and the nature of the works, supplies or services in question; 2. When the estimated value of the requirement is equal to or greater than 90,000 EUR (excluding tax) and below the formalized procedure thresholds (EU thresholds), a contract notice is published either in the Official Bulletin of Public Procurement Announcements or in a newspaper authorized to receive legal announcements. The contracting authority assesses whether, taking into account the nature or amount of the works, supplies or services in question, publication in a specialist journal corresponding to the economic sector concerned or in the Official Journal of the European Union is also necessary to guarantee the information of reasonably vigilant economic operators who may be interested in the market. Other entities aside from the State and local authorities may choose the means of publishing freely. Above EU thresholds (formalised procedure), notices must be published on the OJEU (TED). (Code of Public Procurement of 2018, as amended in 2020, Arts. R2131-12, R2131-13, R2131-16 and R2131-17.)
Does the law specify the location for publicizing restricted calls for tenders?	Yes. The contracts awarded according to an adapted procedure by the State, its public establishments other than of an industrial and commercial nature, the local authorities, their public establishments and their groups, are the object of publicity under the following conditions: 1. When the estimated value of the requirement is less than 90,000 EUR (excluding tax), the advertising methods are freely adapted according to the characteristics of the contract, in particular its amount and the nature of the works, supplies or services in question; 2. When the estimated value of the requirement is equal to or greater than 90,000 EUR (excluding tax) and below the formalized procedure thresholds (EU thresholds), a contract notice is published either in the Official Bulletin of Public Procurement Announcements or in a newspaper authorized to receive legal announcements. The contracting authority assesses whether, taking into account the nature or amount of the works, supplies or services in question, publication in a specialist journal corresponding to the economic sector concerned or in the Official Journal of the European Union is also necessary to guarantee the information of reasonably vigilant economic operators who may be interested in the market. Other entities aside from the State and local authorities may choose the means of publishing freely. Above EU thresholds (formalised procedure), notices must be published on the OJEU (TED). (Code of Public Procurement of 2018, as amended in 2020, Arts. R2131-12, R2131-13, R2131-16 and R2131-17.)
Does the law specify the location for publicizing negotiated calls for tenders?	Yes. The contracts awarded according to an adapted procedure by the State, its public establishments other than of an industrial and commercial nature, the local authorities, their public establishments and their groups, are the object of publicity under the following conditions: 1. When the estimated value of the requirement is less than 90,000 EUR (excluding tax), the advertising methods are freely adapted according to the characteristics of the contract, in particular its amount and the nature of the works, supplies or services in question; 2. When the estimated value of the requirement is equal to or greater than 90,000 EUR (excluding tax) and below the formalized procedure thresholds (EU thresholds), a contract notice is published either in the Official Bulletin of Public Procurement Announcements or in a newspaper authorized to receive legal announcements. The contracting authority assesses whether, taking into account the nature or amount of the works, supplies or services in question, publication in a specialist journal corresponding to the economic sector concerned or in the Official Journal of the European Union is also necessary to guarantee the information of reasonably vigilant economic operators who may be interested in the market. Other entities aside from the State and local authorities may choose the means of publishing freely. Above EU thresholds (formalised procedure), notices must be published on the OJEU (TED). (Code of Public Procurement of 2018, as amended in 2020, Arts. R2131-12, R2131-13, R2131-16 and R2131-17.)
Minimum # of bidders
What is the minimum number of bidders for restricted procedures?	General. (Code of Public Procurement of 2018, as amended in 2020, Art. R2142-17)
What is the minimum number of bidders for negotiated procedures?	General. (Code of Public Procurement of 2018, as amended in 2020, Art. R2142-17)
What is the minimum number of bidders for competitive dialogue procedures?	General. (Code of Public Procurement of 2018, as amended in 2020, Art. R2142-17)
Bidding period length
What are the minimum number of days for open procedures?	General. (Code of Public Procurement of 2018, as amended in 2020, Arts. R2161-2, R2161-3 and R2151-2)
What are the minimum number of days for restricted procedures?	General. (Code of Public Procurement of 2018, as amended in 2020, Arts. R2161-7 and R2161-8)
What are the minimum number of days for competitive negotiated procedures?	General. (Code of Public Procurement of 2018, as amended in 2020, Arts. R2161-14 and R2161-15)
Institutional arrangements
Institutions and regulations
Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations?	Yes. The following are not subject to the Public Procurement Code: 1. Employment contracts; and 2 Contracts or agreements aimed at: a) Transfers of skills or responsibilities between buyers or between licensing authorities with a view to carrying out missions of general interest without remuneration for contractual services; b) The subsidies defined in article 9-1 of Law N° 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with the administrations; c) occupation by the State. Public procurement contracts are contracts concluded for valuable consideration by a purchaser or a granting authority, to meet its needs in terms of works, supplies or services, with one or more economic operators. Public procurement contracts are public contracts and concessions defined in Book I of Part One, whatever their name. They are governed by the Public Procurement Code and, where applicable, by specific provisions. (Code of Public Procurement of 2018, as amended in 2020, Arts. L2, L1100-1, L1110-1, L1111-1 and L1212-4)
Does the law specify the main types of institutions that must apply the public procurement law?	Yes. The authorities subject to the Public Procurement Code are the contracting authorities and contracting entities. The contracting authorities are: 1. Legal persons governed by public law; 2. Legal entities governed by private law which have been created to specifically meet needs in the general interest not having an industrial or commercial character, of which either: a) the activity is mainly financed by a contracting authority; b) management is subject to control by a contracting authority; c) the administrative, management or supervisory body is made up of members, more than half of whom are appointed by a contracting authority; 3. Private law bodies with legal personality set up by contracting authorities with a view to carrying out certain activities jointly. The contracting entities are: 1. Contracting authorities which exercise one of the network operator activities defined in Articles L. 1212-3 and L. 1212-4; 2. When they are not contracting authorities, public enterprises which exercise one of the network operator activities defined in Articles L. 1212-3 and L. 1212-4; 3. When they are not contracting authorities or public undertakings, bodies governed by private law which benefit, by virtue of a legally adopted provision, from special or exclusive rights having the effect of reserving them the exercise of these activities and substantially affect the ability of other economic operators to exercise it. Exclusive rights granted at the end of a procedure ensuring that objective, proportional and non-discriminatory criteria are taken into account are not considered as special or exclusive rights. ( Code of Public Procurement of 2018, as amended in 2020, Arts. L1210-1, L1211-1, L1212-1, L1212-2, L1212-3 and L1212-4)
Does the law specify the main procedure types or procurement methods permitted?	Yes. 1. Tender without prior notice or competition; 2. Adapted procedure; 3. Open procedure; 4. Restricted procedure; 5. Negotiated procedure; 6. Competitive dialogue ( Code of Public Procurement of 2018, as amended in 2020, Arts. R2122-1, R2123-1 and R2124-1 to R2124-6; defence and security: R2322-1, 2323-1 2324-1 to 2324-4)
Is there a procurement arbitration court dedicated to public procurement cases?	Yes. A national committee, established under the Ministry for the Economy, hears disputes relating to contracts awarded by: 1. The central services of the State; 2. The services and organizations with national competence when the tenders in question cover needs exceeding the constituency of a single local committee mentioned in article R. 2197-3. The local committees are set up at regional, interregional or inter-departmental level by Order of 22 March 2019, which fixes their constituency and designates the representative of the State in the region responsible for drawing up the lists of representatives and professional organizations mentioned in 2° and 3° of Article R. 2197-7. The local committees hear disputes relating to contracts awarded by: 1. Local authorities, their groups or their public establishments; 2. The decentralized services of the State; 3. The services and organizations with national competence when the markets in question cover needs limited to the area of competence of the local committee; 4. The other buyers mentioned in articles L. 1211-1 and L. 1212-1, with the exception of those mentioned in article R. 2197-2. When a local committee hears of a dispute relating to a contract beyond its area of competence, its chairman immediately transmits the referral to the chairman of the national committee who assigns the examination of the case to a local committee, if this examination does not fall within the competence of the national committee. When it becomes clear that a request does not fall within the competence of any committee or that it is inadmissible without any possibility of regularization, the president may reject it by reasoned decision. It can also take note of the withdrawals or note that there is no need for the committee to give an opinion. Arbitration is permitted as a dispute resolution method, otherwise, bidders can appeal to the Administrative Courts. (Code of Public Procurement of 2018, as amended in 2020, Arts. R2197-2 to R2197-5, D2197-15, R2197-16 and D2197-17; L2397-3, R2397-4, L2197-6, L2197-7 Code of Administrative Justice, as amended in 2020, Arts. L311-1, L311-6 1ş, R811-1 8ş, L551-1 Annex 18: Order of 22 March 2019 (Arręté du 22 mars 2019 relatif aux comités consultatifs locaux de rčglement amiable des différends relatifs aux marchés publics), as of 2020, Art. 1 )
Is there a procurement regulatory body dedicated to public procurement?	No. An economic observatory of public procurement placed with the minister responsible for the economy collects and analyzes data relating to the economic and technical aspects of public procurement. It is a forum for consultation and information exchange with economic operators, contracting authorities and contracting entities and contributes to the dissemination of good practices. (Code of Public Procurement of 2018, as amended in 2020, Arts. R2196-2, R2196-4 and R3131-5 Annex 16: Order of 22 March 2019 (Arręté du 22 mars 2019 relatif au fonctionnement et ŕ la composition de l'observatoire économique de la commande publique), as of 2020, Art. 3 Order of 24 December 2019 (Arręté du 24 décembre 2019 portant organisation de la direction des affaires juridiques des ministčres économiques et financiers), as of 2020, Art. 2 )
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)?	No. The only relevant provision contemplates that where a particular professional qualification is required of participants in the contest, at least a third of the jury members shall have the same qualification or an equivalent qualification. (Code of Public Procurement of 2018, as amended in 2020, Art. R2162-22)
Is disclosure of final, beneficial owners required for placing a bid?	No. The Monetary and Financial Code has provisions on a beneficial ownership register (Art. R561-55 to R561-64). However, the Code of Public Procurement does not establish a requirement of beneficial ownership disclosure for placing a bid.
Complaints
Is there a fee for arbitration procedure?	No. Litigation before the Administrative Courts is free. (Law No. 77-1468 of 1977, as of 2020)
Is there a ban on contract signature until arbitration court decision (first instance court)?	Yes. The contract cannot be signed from the referral to the administrative court and until the notification to the contracting authority of the judicial decision. Also, referral to an advisory committee for the amicable settlement of disputes suspends the course of the various prescriptions, whatever the nature of the contract. (Code of Administrative Justice, as amended in 2020, Arts. L551-4 and L551-9 Code of Public Procurement of 2018, as amended in 2020, Art. L2197-3)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts?	General. If the contract has not been signed yet, the president of the administrative tribunal or delegated magistrate must act within 20 days. If the contract has already been signed, the president of the administrative tribunal or delegated magistrate acts within 1 month. (Code of Administrative Justice, as amended in 2020, Arts. R551-5 and R. 551-9 )
Is there a requirement to publicly release arbitration court decisions ?	Yes. Decisions are public and mention the names of the judges who rendered them. Subject to the specific provisions governing access to court decisions and their publication, decisions/judgements are made available to the public free of charge in electronic form (at: https://www.legifrance.gouv.fr/search/cetat?tab_selection=cetat&searchField=ALL&query=&page=1&init=true). The decision handed down in case of emergency interim proceedings is not released publicly. All other decisions are released publicly in the court registry within two months of being pronounced. (Code of Administrative Justice, as amended in 2020, Arts. L10, R741-1, R741-13 and R742-6)

Legislation

Code of Administrative Justice (French)	pdf
Code of Public Procurement of 2018 (French)	pdf
Law No. 77-1468 of 1977 (French)	pdf

*Last update: 2017

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